Slip and falls, car crashes, workplace injuries – no matter what type of accident you’ve suffered, there are legal options to help you sue for damages, like medical costs, lost wages, and emotional trauma. Unfortunately, the settlement process can be lengthy as victims fight against bad faith tactics and slow court schedules. During this time, financial instability is always a concern and many clients are eager to keep working while they wait for their case to settle. But they are also concerned about the affect this can have on their lawsuit, and wonder if it’s best to take time off or quit working altogether.
We understand the dilemma you’re facing. Even if you’re bringing in a paycheck, that doesn’t make up for the losses associated with your accident. And if you need on-going therapy and other treatments, it’s unlikely that you can pay for them in the long run without your compensation award. To help you with this issue, we will be covering several important questions regarding your right to work with an ongoing injury lawsuit. These questions include:
- Should I keep working if my case is not settled yet?
- Is it better to keep working if my lawyers have not gone to court yet?
- What if I’m still in therapy or I’m still being treated by a doctor? Should I ask for time off?
The information we will provide in this article is for general purposes only. You will likely have further questions that are specific to your case and the type of accident you are suing for. Our lawyers will be happy to answer your questions during a free initial consultation.
Do I have to Stop Working if I have an Active Injury Claim?
For most victims, the question of whether or not to work comes up even before they file a lawsuit. Generally, you would file an injury claim with the applicable agency or insurance company and hopefully, receive adequate funds for your losses. A lawsuit is only filed if your claim is rejected, or the at-fault party refuses to make a fair settlement offer. In that case, should you stop working altogether?
Legally, there is nothing to stop you from working after an accident, even if you’ve filed an injury claim. Continuing to work or returning to work does not, in itself, invalidate your claim. After all, you did have an accident and are struggling with the resulting financial and emotional damages. Those struggles don’t go away just because you’ve gone back to work.
However, you do have to think about the impression you’re making if you continue your job right after an accident. Depending on the severity of your injuries and the amount of losses you’ve sustained, it may not look good for you to keep working or engaging in certain activities. If these concerns are going through your mind, make sure to speak with a personal injury lawyer right away. They can advise you on the pros and cons of working after an accident and help you make an informed choice based on your needs.
Will going to Work cause my Lawsuit to be Dismissed?
No, going back to work will not cause your active injury lawsuit to be dismissed. We know that a lot of rules change once you go from claim to lawsuit, but we can assure you, there is no law invalidating your right to compensation if you continue to work. But this is a crucial period in your settlement journey, where every little thing you do is scrutinized by the other side’s insurers and attorneys. From experience, we know the arguments they will raise in their attempts to have your case dismissed. A lot of these arguments are baseless, and we have our ways of overcoming them. Still, these actions take up time and resources, which can end up adding to the amount of time that’s needed to settle your lawsuit.
Again, we recommend speaking to an experienced attorney and making an informed decision based on the extent of your injuries.
Negative Side-Effects of Returning to Work too early
So far, we’ve talked about the legal implications of working with an ongoing injury lawsuit. But the medical consequences are no less important – not just for your lawsuit, but for your overall health. Here are two of the main problems associated with working too early after an accident:
- You can worsen your injuries.
This is why doctors typically won’t clear you for work if doing so can slow down your recovery. If your injuries are not healing on schedule, there’s a good chance they’ve gotten worse. That can affect your ability to work at all and increase your financial burdens.
- You may sustain other injuries that are unrelated your accident.
Even if your injuries are not that serious, they can still compromise your ability to perform your work duties. If you have a workplace accident as a result of working too early, you cannot sue for those damages since they occurred after the filing of your lawsuit.
Essentially, continuing to work can result in additional damages, which you will not be able to include in your lawsuit. Working with an open lawsuit can also hurt your credibility and compromise the full amount of damages you deserve. Again, we want to stress that working does not invalidate your lawsuit or injury claim. But it can raise questions regarding the extent of your injuries and the amount of damages you’re entitled to.
How can I tell if I Should Keep Working?
Based on our past consultations, this is the question that usually follows, “Do I have to stop working if I have an on-going case?” When we discuss this issue with clients, here are the factors we take into account:
- What are the injuries you are claiming?
- What is the impact of these injuries on your health and your ability to work?
- Is there any chance you could injure yourself further by returning to work?
- Are you struggling with mental health issues, like PTSD, anxiety, and depression?
There may be other factors we discuss based on the details of a client’s accident. But these elements address critical issues that can negatively impact your lawsuit. It’s important, by the way, to think deeply about each of these questions, like the chance of further injury by going back to work. Some victims immediately say “no” to this question if they have sedentary jobs that are mostly done in front of a computer. But if you really think about it, sitting all day in an office chair can exacerbate back pain. You could also suffer from headaches and eye strain that can slow down your recovery from certain injuries.
We also raise questions about the impact of returning to work on their mental health, which clients often forget about. PTSD, for example, is very common in traumatic accidents like helicopter and plane crashes. Sounds, smells, and noises may trigger memories of the accident, and victims typically need intense therapy to resume many of the activities they took for granted. As you can see, the question of working during an injury lawsuit is never one-dimensional. If you’re wondering about your work prospects with an open lawsuit, contact Normandie Law Firm and talk to one of our knowledgeable attorneys.
What if I Disagree with my Doctor?
This is not uncommon for accident victims as they make inroads in their recovery. At some point, your doctor may insist you’re well enough to work, but your body doesn’t agree. If you’re going through this scenario, make sure to get a second opinion as soon as possible. Another doctor may run different tests or really take the time to listen to your concerns. Even if they agree that going back to work is possible, they may impose restrictions that can help with your symptoms and prevent further injury.
This new doctor should give you a medical report that you can submit to your employer. Make sure to keep a copy for your own records in case the insurance company questions your decision to stay out of work. And if your employer refuses to believe the doctor or threatens to fire you, give us a call right away. Legal actions may be available to you, but you must act quickly to ensure that your rights are protected.
What about Exercise or Other Activities?
Like going to work, exercising can restore a sense of balance and normalcy when you’re struggling with the trauma of an accident. The concerns regarding whether or not you should keep working apply here as well. Would exercising exacerbate your injuries or create new ones? How would the ability to exercise affect the amount of compensation you’re asking for? We recommend speaking with your doctor, followed up by a conversation with an injury lawsuit attorney.
With our many years of experience in accident claims, we’ve seen it all when it comes to what can be used against an injury victim. When you speak with us, we’ll talk in detail about your life and the various activities you should avoid until your case is settled. You should also curb your enthusiasm for social media, since everything you post is public information. For more information on how to protect yourself during an active lawsuit, please speak with one of our attorneys.
Can I Change Lawyers if I have an Active Lawsuit?
Legally, you can change lawyers at any point in your lawsuit, but it’s not something you should do lightly. Here are some questions to ask yourself if you’re unhappy with your current attorney:
- Am I unhappy with the lack of communications and progress on my case?
- Do I feel like the case value calculated by my lawyer is too low?
- Do I feel pressured by my law firm to accept a settlement?
- Are there red flags indicating my lawyer’s lack of experience with my type of accident?
If you answered yes to any of these questions, please come and see us for a free second opinion. Just like doctors, fellow attorneys can be relied upon to assess your lawyer’s work and the way your case is being handled. The lawyers of Normandie have many years of experience with second opinion consultations. Along with a case review, we can go over the terms of your contract with your current law firm and advise you on the process for transferring your case.
If you decide to hand your case over to us, we can take care of any details associated with the termination of your contract and notify the courts of your change in counsel. There’s nothing to lose by giving us a call and confirming your suspicions. Please contact our office and schedule a free second opinion.
The Personal Injury Lawyers of Normandie
We know how confused and scared you must be, as you struggle to balance the losses resulting from your accident. You’re unsure about a lot of things, including your right to work with an active injury lawsuit. Expert advice from a lawyer is critical, yet the cost of legal fees is keeping you from making that call.
With our Zero fee guarantee, there’s no reason to hesitate in reaching out to one of our personal injury attorneys. Your consultation is free, along with all the services that are needed to bring you the compensation you deserve. That goes for second opinion clients as well, if you’re coming to us from another law firm. There is no upfront cost to you at any point in your case, because the only way we get paid is if you get paid.
We look forward to hearing from you and fighting for the damages you’re entitled to.
