Unable to Work After a Car Accident
If you have been in a car accident, the extent of your injuries can range from minor, such as a bruise on your arm or leg, to more severe broken bones or head injuries. In most cases, a full recovery is made with little impact on your ability to work. Head and brain injuries, on the other hand, not to mention other serious injuries such as spinal cord or spinal column damage, may take much longer to heal.
According to the Centers for Disease Control and Prevention (CDC), many people that have suffered a brain injury, even a minor brain injury, often have difficulties at work, getting along with others, or even being able to relax. If you have suffered an injury that prevents you from working, generally it is short term, though long term injuries are not uncommon. Your company may reassign you to other duties so that you can work while recovering and then return you to your normal job. To find out more about your options for compensation, contact a Houston attorney at once.
If you had to take a few days off from work to recover or if you could return to work but you have to take hours or half days off to visit the doctor for treatment and recover, then we consider this lost wages. Moreover, if you are unable to work in any capacity for a period of weeks or even months, then lost wages will become an important part of the lawsuit against the person who caused your accident. There is no limit for lost wages as long as the time missed from work is for your treatment and recovery and your doctor says it is vital. It is important to make sure that you get a letter from your physician stating that you cannot work. Without this letter, recovering lost wages may be difficult.
Injured in a Company Truck While Working
Some jobs require travel by truck, such as waste management, construction, or product deliveries. If you were injured in an accident while you were working as driver or passenger of a truck, and another party was at fault, you can claim benefits under workers’ compensation as well as sue the other driver’s insurance company. Workers’ compensation usually covers lost wages and medical bills, while a lawsuit allows you to collect pain and suffering, lost wages, and much more. In these types of scenarios it is important to speak to a lawyer because any benefits received under workers’ compensation will affect your claim against the at-fault driver. An experienced car accident lawyer can advise you on how best to structure any claims so that you can receive the maximum compensation.
Injured in a Company Vehicle and the Company Does Not Subscribe to Workers’ Compensation
If you were injured in a truck while you were working and the company you work for does not have workers’ compensation insurance, you may have a claim against your employer. It depends on what happened in the accident, who was at fault, and whether or not your company was required to carry insurance, which it likely was.
However, if another party caused the accident, you would only be able to file a claim against that driver’s insurance company. On the other hand, if the driver of the truck you were in was driving recklessly and caused the accident and in turn, your injuries, you may be able to file a claim against the company for which you work. Under Texas law, there is something called “Respondeat Superior,” which translates to “let the master answer”, according to Cornell Law. Employers may be found liable for the negligent actions of an employee if these actions occurred while they were working.
Severe Injuries From Car Accident Preventing You From Working
If you have short term disability coverage or supplemental coverage (like the coverage AFLAC provides), you can recover lost wages for longer periods of time. You can also turn to Social Security for disability insurance and income if your injury and recovery lasts for 12 months or more.
Call a Professional Car Accident Attorney Today
If you were hurt on the job while driving or were injured in a car accident and are unable to earn your full average weekly wages, call a Houston attorney today for assistance. The attorneys at Michael P. Fleming & Associates are here to help you in your time of need.
Center for Disease Control and Prevention (CDC), Facts About Concussion
Cornell Law, Respondeat Superior