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Medical Leave of Absence after Car accident questions.

Sacramento, CA |

I was involved in a traumatic car accident and was rear ended. Cost of fixing my car is ~$5k which other party acknowledge full responsibility. I took time off from work for almost a week now due to some back & neck pains after the accident I was advised by doctors to rest for 2 weeks and is being seen regularly. I filed claim on other party's insurance to help cover my medical's(since I cannot use my own health insurance) & time away from work while I'm getting better.

However, 2weeks of non payment of loss wages( since I ran out of vacation/sick leave) is too much burden since I live paycheck by paycheck and have the only income in a family of 4. Can I file Medical Leave of Absence for 2wks? How will this MLOA affect the insurance claim particularly on loss wages? Pls help advise!!!

Attorney Answers 6

  1. First, I'm sorry to hear about this accident. It sounds like it has turned your life upside down. As an attorney that handles both personal injury and employment claims, let me advise you as follows: (1) Yes. You can apply for a leave of absence and you should put this request in writing. Most employers will have a standard set of forms to request this type of leave. Whether or not this is a paid or unpaid leave may depend upon your length of employment, any prior medical leaves in the last 12 months and a few other factors; (2) You absolutely need to retain a personal injury attorney to assist you with presenting a claim to the responsible party's insurance. You would be entitled to full loss of earnings, cost of medical treatment and pain and suffering (including damages to compensate for the disruption this has caused to your lifestyle). I would be glad to consult with you further either on the phone or in person. My toll free number statewide is 866-229-0101.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

  2. Attorney Sweat provided you with good advice.

    Only 29% Contingency Fee! Phone: 215-510-6755

  3. You need to consult an injury attorney because these types of monetary losses are compensable by the adverse driver's insurance assuming they have coverage but the attorney will be able to advise you further.

    Call for a free consultation at 727-937-1400 or visit us on the Web at

  4. Do you have an attorney? If not you should consult with a personal injury attorney here in Sacramento. The medical leave of abscence should not affect your recovery so long as you would not have taken it but for the accident. Why can you not use your own health insurance?

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  5. Why are you attempting to deal with these complex situations without the aid of counsel? Generally an adverse carrier will not pay you piecemeal for lost wages or other parts of a claim.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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