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Do I need a lawyer?

Wheatfield, IN |

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?

Attorney Answers 4

  1. 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.

    You can find an experienced Personal Injury attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

  2. 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.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

  3. 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

  4. 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

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