A car wreck is a challenging event in anyone’s life, but when it also threatens your livelihood by affecting your ability to work, things become especially serious. Thankfully, there are legal avenues for you to get compensation for what’s been done to you, and your car wreck injury attorney in San Antonio will help you get through each of these steps. for more information click here“
Your Legal Rights: What to Do
Texas doesn’t require employers to have workers’ compensation insurance; however, many employers opt for it anyway. If your employer has workers’ compensation, and the accident occurred while you were on the job, you might be eligible for benefits. This can cover medical expenses and a portion of lost wages.
If the car wreck was due to the negligence of another party, whether an employer or anyone else, you have the right to pursue a personal injury claim. This allows for the recovery of damages, including lost wages. In Texas, you generally have two years from the date of the accident to file a claim. There are some exceptions to this, so it’s always crucial to consult with a lawyer and understand the potential value of your claim.
Filing a Personal Injury Claim in Texas
Initiating the Claim
If your car wreck was due to another’s negligence, the first step is typically to notify the at-fault party’s insurance company. In Texas, you’d initiate this by sending a demand letter detailing the accident, injuries sustained, and the compensation you’re seeking. This letter serves as a formal request for damages and starts the negotiation process.
Texas has a “modified comparative negligence” rule, which means if you’re partially at fault for the accident, any compensation awarded to you will be reduced by your percentage of fault. If you’re found to be more than 50% at fault, you won’t be able to recover any damages. Determining fault is crucial, and you must have a legal professional on your side to protect you from being blamed for more fault than you actually hold. For more information, click here.
Seek Legal Counsel From a Car Wreck Injury Attorney in San Antonio
While it’s possible to navigate the personal injury claim process on your own, it’s never advisable. A legal professional can help assess the strength of your claim, gather necessary evidence, and negotiate with both insurance companies and your employer for you. And, of course, you’ll need a lawyer more than ever if you can’t get a good response from the insurance company and need to go to court.
Possible Car Wreck Injuries Job Impacts
Depending on the severity of the wreck, you may face temporary or even permanent disability. This can range from broken bones and whiplash to more severe conditions like paralysis. Beyond the physical injuries, car wrecks often come with emotional and psychological trauma. The experience of the accident itself, coupled with the pain and recovery process, can lead to conditions like post-traumatic stress disorder (PTSD), depression, and anxiety. These conditions can interfere with concentration, decision-making, and overall job performance. When a car wreck injury impedes your ability to work, it directly affects your earnings. For those on an hourly wage or with no paid sick leave, the financial ramifications can be immediate, and not matter what your job, medical bills and rehabilitation costs can quickly accumulate. This means a dual blow of reduced income and increased expenses at the same time.
In some cases, employers may be willing and able to make accommodations for injured employees. This might include providing ergonomic office equipment, allowing more flexible working hours, or even permitting work from home where feasible. However, not all employers will offer such adjustments, and in some cases they may be simply unable to do it.
Can I Keep My Job After a Car Wreck Injury?
Keep Up Open Communication with Your Employer
Being upfront and transparent with your employer about your injuries and the potential impact on your work is vital. This can foster understanding and possibly lead to adjustments or temporary reassignments that cater to your recovery needs. Your lawyer can help you here, too.
Know Your Rights under the Americans with Disabilities Act (ADA)
If your car wreck injury results in a disability, you have certain rights under the ADA. Employers with 15 or more employees are prohibited from discriminating against individuals with disabilities. This act may also require employers to provide reasonable accommodations to allow an injured employee to continue their job. Talk to your attorney to help you understand where you stand with reference to the ADA and if it can help.
Taking proactive steps, from seeking medical attention promptly to consulting with a lawyer, can make a significant difference in your recovery, in securing rightful compensation, and in preserving your job. Key to all this is working with a good attorney, so be sure to get on that right away.