Taking Time Off of Work Following An Accident

Posted on March 6, 2020 by Matthew Paré

Many people who are involved in an accident wonder how much time they should take off of work in order to recover from their injuries.  Sometimes the idea of pursuing a personal injury claim can complicate that decision because of the potential implications for the case.  This blog addresses that issue, particularly for those injured in an accident in San Diego and Chula Vista, for example.

To get to the point, the answer to the question of how long you should take off of work following an accident is whatever your doctor says.  The appropriate length of time to take off of work following an accident clearly varies depending upon the nature of the injury sustained as well as the nature of the work being performed.  Therefore, a medical doctor is in the best position to offer appropriate advice regarding exactly how long someone should take off of work following an accident given your particular situation.

There is a misconception out there sometimes that people should intentionally stop working while they have a personal injury case.  The thought process is that by not working, perhaps, they are demonstrating the severity of the injuries and that by working they would in some way be admitting that they have recovered.  That is a fallacy.  It is totally counter-productive in a personal injury case to take more time off of work than is medically necessary.  Those who are injured in an accident should not intentionally stay off of work in hopes of bolstering their claim.  In fact, such an approach may inadvertently hinder a claim by demonstrating an entitlement mentality instead of wanting to be productive.

The reality is that loss of earnings compensation in a personal injury case has to be well justified in order to be compensated by insurance companies.  Typically what that requires as a practical matter is (1) a doctor’s opinion that the individual should not work due to the injuries sustained in the accident for a particular time, and (2) documentation to show exactly how much the person was earning before the accident took place and what would have been earned during the time off.  That documentation typically would consist of pay stubs and bank statements, for example.  

In conclusion, medical professionals are in the best position to give advice on when it is appropriate to go back to work following an accident and the advice of medical doctors should be followed in that regard.  In order to receive compensation for loss of earnings following an accident the time off must be established as medically necessary with expert opinions and the pay must be well documented.  For more information about this issue, please contact attorney Matthew Pare in Chula Vista at 619-869-4999.

Personal Injury

Contact Matthew Paré

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Chula Vista, CA 91914

Phone: (619) 869-4999
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