Simply put, being in a car wreck is stressful, both physically and emotionally. Getting your car fixed, dealing with a rental car, medical bills and doctors, figuring out if you need a personal injury attorney, and what to do about your job.
After an accident, we always recommend seeking immediate medical attention. This is because your health and recovery should be a top priority. But we also realize that bills have to be paid. And extended time away from work may give rise to a fear of losing your job. This stress can cause people to go back to work before they should after sustaining injuries in an auto collision.
An unfortunate aspect of being injured in a car accident is that if you’re an at will employee, you do run the risk of losing your job.
What is a California at will employee?
California is an “at will” employment state. This means that your employer may terminate you at any time as long as their reason isn’t illegal or you are under contract for a specified period of time.
There are protections under the law that make certain terminations illegal. This includes discrimination based on sexual orientation, religion, race, ethnicity, or gender. However, if your employer no longer has work for you or doesn’t feel you fit the position any longer, they can let you go whenever they want.
What if my accident injury prevents me from doing my job?
A big reason that people return to work before they’ve recovered is a fear of losing their job. If you’ve sustained an injury that prevents you from doing a necessary part of your job, then your employer may choose to let you go.
Even if your injury was less severe, there are times when an employer may not be able to hold your position open while you recover. In these situations, we try to work with your former employer to show that had you not sustained injuries from the car accident, you’d still be working in your previous position and earning income into the future.
Is there anything that can protect me from losing my job after a Sacramento car accident?
The Family and Medical Leave Act of 1993 (FMLA) may be able to protect you for several weeks. People use the protections of the FMLA when they need to care for sick family members. But the protections can also extend to injuries after a car wreck.
The FMLA provides up to 12 weeks of unpaid leave over the course of the year and allows you to retain your health insurance. To fall under the FMLA, you must work for a company with over 50 employees and have worked a minimum of 1,250 hours in the past 12 months before applying for benefits.
If you work for a smaller company, it may be to your employer’s advantage to discuss your value and try to work through the situation rather than hiring and training someone new.
What should I do if I’m fired because of my injuries?
The law has a “duty to mitigate damages.” This means that if you’re injured and lose your job, you have to try to find work in your field as soon as you reasonably can. Of course if your injuries prevent you from working in a similar position, or working at all, that is a different story.
Ultimately, as your car accident attorney, we will work with your employers, doctors, and economists to determine the full extent of your damages and if you have future lost earning capacity.
If you were injured by the negligence of another, California law allows you to recover for past wage loss and provable future lost earnings.
Hiring an experienced Sacramento personal injury attorney is one way to maximize a car accident injury claim. Car accident lawyers offer free case evaluations or consultations to help you figure out what to do next.
We offer free and friendly advice as our aim is to help you get back to maximum recovery in all aspects of life. Call us today to start a free strategy session to help you get back on the road to recovery!
Our Sacramento office can be reached at (916) 619-5452 or you can fill out a questionnaire form online on our website.
