There's a common inquiry we are asked: Can I or should I work while a personal injury case in New Jersey is in progress? Will returning to work somehow compromise my legal case?
The answer is yes and no. It really depends on your specific circumstances. A personal injury case is not like a workers' compensation case, unless you are a worker in a construction accident case. There are no overt restrictions on what you can or cannot do while you are waiting for a resolution in your case.
However, there are a few things to remember, which we will cover below. Before this, it should be clear that if you have any questions specific to your case, consult with a New Jersey personal injury attorney.
The team at Brandon J. Broderick, Attorney at Law, have decades of experience dealing with injury cases across the Garden State. We can offer the guidance you need, so you do not jeopardize your case.
Follow Your Doctor's Orders
You must pay close attention to and thoroughly read your doctor's recommendation. Any limitations your doctor places on your activities may be utilized as proof in your lawsuit. This can be used to illustrate the severity of your pain and suffering, for instance.
There's a chance the insurance company will find out if you disregard your doctor's advice, such as not working for example, and use that information to deny your claim or offer a greatly reduced settlement. They may even have an investigator watching you and find out.
If your work description includes a list of duties that could violate your doctor's orders, do not return to work. Whether you do land a job or want to return to your current job, check to see if the duties that you are required to perform are in line with your doctor's recommendations and provide your employer a copy so you can request reasonable modifications.
Feasibility
It is just not feasible to return to work after a traumatic injury in many circumstances. Physical therapy and rehabilitation could take months. It's possible that your injuries are too serious to work for more than a few hours. You might be taking prescription medication that makes working risky.
While you wait for a personal injury settlement, there may be a strain on your finances. While this can be stressful, there are options. We can usually help you access alternative benefits or programs that can support you during this time.
Your primary objective should be to heal. Returning to work before you're ready can worsen your condition and prolong your recovery. It could also lead to accusations that you aren't "mitigating" your losses, which could lower the amount of your personal injury compensation or give the other party a reason to deny your claim. The insurance company will argue that they are not responsible if you worsen your injuries while working.
The Personal Injury Attorneys of Brandon J. Broderick Can Provide The Assistance You Need
The team at Brandon J. Broderick, Attorney at Law are committed to helping clients with their personal injury issues all around New Jersey and the surrounding states. We have the vast resources and years of knowledge you need to help you get over your injury and move on.
Contact us right away to learn about your alternatives if you were recently injured, plan to file a personal injury lawsuit and have questions. We are here, 24/7, night and day.