Dallas Texas Personal Injury

Returning To Work After An Accident Or Injury

...but I was still in pain! I decided to stay home for another week. Will I be compensated for this additional week of lost wages? How can I recover this lost income and wages?

This type of situation depends on whether or not this additional week at home was a necessary and reasonable - and can prove it necessary and reasonable to a jury. If your doctor released you from his care or signed a release stating that you could return to work after two weeks, you will likely not be able to collect for that extra week. However, if your doctor told you that it was alright to return to work as soon as you feel better and that was after two weeks, then you have a much better chance. Reasonable and necessary is the benchmark for this question. An example: let's say you sustained whiplash from an auto accident. After two weeks, your doctor said there was nothing more that he could do and that you could return to work whenever you felt up to it. You stay home for another week, taking painkillers and muscle relaxants, then return to work the following week. Reasonable? Probably. Necessary? That's debatable. If you used that week to go camping or engaged in leisurely activities unrelated to the accident or the injury, your actions may not be reasonable or necessary in the eyes of the law. To substantiate your lost wages, you will need testimony from your doctor and a letter from your employer documenting how much time was taken off and what your pay was for that time. Even if you ended up using vacation or sick time, you should be compensated for your lost earning ability for those weeks. Do you believe you've been unnecessarily harmed or injured, and have taken time off of work because of it? Contact our attorneys immediately for your complimentary case review. If you would prefer to speak to someone regarding your case, please call our offices at anytime: 1-800-Attorney (1-800-288.6769).