I was involved in a car accident two weeks ago and sustained minor injuries (back pain) My doctor wrote me off work until further notice. I am going to physical therapy. I am on pain meds. I can not return to work just yet. I made a temp. disability claim and have yet to receve a payment due to my employer did not file and forward the paperwork delaying the process. I called my employer today to inform them of the missing paperwork and to let them know i went to the doctor and still no release to work yet, I would be out at least two more weeks. This is when I was informed that I was being terminated! I know im not covered under FMLA because I have not worked 1250hrs this year. So can I include this loss in my claim against the other driver that was at fault in the accident?
Workers' Compensation Lawyer
1.) If your employer is subject to FMLA, you needed to file for leave.
2.) You ALWAYS have a duty to mitigate your damages which includes requesting leave and, if terminated, conducting a vigorous job search
3.) If you had hired counsel immediately, you would have been advised of these obligations and probably would NOT be fired. Of course you need an attorney.
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Medical Malpractice Attorney
Attorney Candiano has given you excellent advice here. You likely will not be able to hold the at-fault driver accountable for your job loss. Retain an IN personal injury attorney for further clarity.
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Personal Injury Lawyer
Sorry to hear about your situation. This is a good illustration of how even what might seem to be a simple auto accident case can present many traps. If you can prove that you lost your job because of the injury then that can be included with your damages. Meet with a personal injury attorney asap
Car / Auto Accident Lawyer
You may be able to make a claim for the loss of your job as a result of your crash injuries. However, the law does require you to try to lessen your injuries, which means taking efforts to either get your job back, or find another job as soon as you can. It is best that you contact a local personal injury attorney to have all your questions answered. Good luck!
Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax firstname.lastname@example.org www.btlmlaw.com