Will Returning to Work Early Diminish My NYC Injury Claim?
After being hurt in an accident, your doctor will likely recommend rest as a large part of your recovery. However, you will also likely have extensive medical and rehabilitation costs during this time. You may want to go back to work so you can pay for them, as well as the day-to-day expenses you will still incur as you try to get better.
You may also think that returning to work will take your mind off of your injury and pain, and help put the accident behind you. Regardless of the reason you want to return to work, it is important to speak to a New York City personal injury lawyer first to ensure it will not negatively impact your injury claim.
Your Options when Filing a Claim
If the accident you were involved in was due to the negligence of someone else, you can file a claim with their insurance company to recover compensation for your losses. Within your claim, you can pursue damages for your medical expenses, hospitalization costs, lost income, pain and suffering, and more, depending on the facts of your case.
Once you have filed your claim, the insurer will then conduct an investigation of their own. During their investigation, they will try to determine if the individual they cover caused the accident, and how much compensation you need. They will then likely make a settlement offer. After receiving the offer, you can accept it, negotiate for a higher amount, or you can reject it and take the matter to court.
Will Going Back to Work Early Hurt Your Injury Claim?
Obtaining compensation from an insurance company is usually beneficial for accident victims because these large corporations have the resources to pay out on claims. Still, insurance companies are notorious for using several different tactics to reduce, delay, and deny injury claims. They will carefully look at any action you take and use it as evidence to use against you to prove why you do not deserve a full settlement.
If your doctor has recommended that you rest for a certain amount of time as part of your recovery, it is important to follow their instruction. If you do not and you return to work against your doctor’s orders, the insurance company will use this against you. The insurer will argue that because you could return to work, your injuries must not be as serious as you claim. They may even argue that returning to work early shows you are not serious about preserving your health and so, you are not entitled to a full settlement.
After an accident, you must also take your health very seriously. If you have not fully recovered from your injury, going back to work could exacerbate the condition. The duties you perform as part of your employment may be too much for your weakened system, and even the stress of the commute could impede your progress. More so, if your injuries do become worse and you need additional medical treatment, the insurance company will likely not provide damages for it. They will argue that your early return to work caused your injuries to become worse, and not the actions of the person they cover.
What if My Employer Forces Me to Go Back to Work?
Taking time off from work can be hard for your employer. You likely have jobs and duties that need to be done and without you there, it could hold up the entire team. Still, you have a right to take time off when you are hurt so you can fully recover from your injury.
You can try to do whatever you can for your employer to make up for your time off. For example, you could offer to provide guidance to co-workers on how to complete the tasks you would have otherwise. Or, you could offer to work longer hours once your doctor has cleared you to return to work so you can catch up on the work you missed.
Unfortunately, not all employers are agreeable to these terms. If your employer is insisting that you return to work earlier than your doctor recommends, it is important to speak to a New York City personal injury lawyer who can advise you of your options.
How to Protect Your Personal Injury Claim
When trying to recover from your injuries, you have the right to claim the full and fair damages you deserve from the insurance company. The insurer though, will try whatever they can to reduce or even deny your claim. To prevent this from happening, there are certain tips you can follow to recover the maximum compensation you need for your recovery. These are as follows:
- Follow all of your doctor’s instructions regarding the rest, therapy, medication, and care you need to recover from your injuries.
- Attend all therapy sessions and doctor appointments. If you cannot make it to an appointment, make sure you call and reschedule it as soon as possible.
- Get any advice from your doctor in writing, particularly the amount of time you need to rest afterward. If you do not feel as though you can return to work after the recommended rest period, ask your doctor if they can recommend more rest time in writing. If they disagree with you, get a second opinion from another doctor.
- Stay off of social media while you recover. At the very least, refrain from posting anything and ask friends and family members not to tag you in their posts. The insurance company will use those posts against you. For example, you may post a picture of you out with friends that was taken months ago. The insurer will use this post to argue that you cannot be hurt because you are well enough to go out with friends, even though you are not.
Our Personal Injury Lawyer in NYC Can Help with Your Claim
If you have been hurt due to someone else’s negligence, our NYC personal injury lawyer at Silberstein, Awad & Miklos, P.C. can help you claim the full settlement you deserve. We know the tricks insurance companies use to deny claims, and how to overcome them to obtain the best possible outcome for you. Call us today at 1-877-ASK4SAM or contact us online to schedule a free consultation.