Our clients often express some confusion over whether they can, or should, work while their personal injury case is proceeding through the court system. They often worry that going back to work could, in some way, harm their case.
The answer is that it depends. A personal injury case is not like a workers compensation case, so there are no overt restrictions on what you can or cannot do while you are waiting for your case to be resolved. Yet there are some subtleties you should be aware of.
In many serious personal injury cases it simply is not feasible to return to work after the accident. You may need many months of healing and physical therapy before you can even consider returning to work. Your injuries might also be too severe to work for more than a few hours or you may be on prescription drugs which make it unsafe for you to work.
Unfortunately, your finances may get tight while you are waiting for your personal injury compensation, either by settlement or verdict. Ideally, your main focus will be trying to heal and recover from the damage that’s been done to you. Going back to work before you’re ready can increase the damage that you’re suffering.
The reality is that after an injury you still need to pay for your home to keep a roof over your head as well as pay for food and all of your other day to day expenses, for yourself and your family. Even if you are receiving Worker’s Compensation, or other insurance coverage, it very rarely is equal to what you were earning before your injury. As a result of their basic economic needs many injured plaintiffs will return to work while their personal injury case is still pending even if they are in pain and their work increases their pain.
In the event you are forced to work, despite your injury, while your personal injury case is pending the result will be that you may not recover any money for your “past” loss of earnings, as you did not suffer that as part of your damages. However, you may still recover your “future” lost earnings if your doctor can say that it would be better for your health and recovery if you did not work and if you could just concentrate on obtaining the medical help and therapy you need.
The bottom line is that if you are able to work after you suffer an injury then you should work. If you are suffering from greater pain as a result of your work activities then it is critical that you report this to your treating doctors. It is important that this is documented in your medical records. This way if your case should proceed to a trial, to determine your compensation for your lost earnings, your doctor can explain “Yes he worked, but it increased his pain and he should not be working”. If the jury accepts your testimony as well as your doctors that you should stop working, then the jury may award you compensation for your future loss of earnings.
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