We often get asked, “Can I or should I work while my personal injury lawsuit in New Jersey is pending?” Can I be jeopardizing my case if I go back to work?
The answer is “both” yes and “no.” It’s hard to say without knowing more about your situation. Even if the injured party is a worker, as in a construction accident case, the process of filing a personal injury claim and seeking workers’ compensation is very different. During the time that you are waiting for a decision on your case, you are not prohibited from engaging in any activity.
However, there are a few things to keep in mind, and we’ll go over those now. It should already be obvious that a personal injury attorney in Scranton, PA should be consulted with any inquiries regarding a specific case.
Listen to Your Doctor’s Advice
Don’t skim through your doctor’s advice; read it carefully and carefully. The restrictions imposed by your doctor might be used as evidence in your claim. If you’re in a lot of pain, this may be used as an example of how bad it is.
You run the risk of having your insurance company refuse or severely decrease your claim if they discover that you disregarded your doctor’s orders and did things like, for example, stop working. A private investigator might be tracking your every move to uncover the truth.
If you get a job, or if you want to go back to your old one, you should review the work description to make sure it fits with your doctor’s orders, and then give that order to your boss so he or she can make reasonable accommodations for you.
Feasibility
After suffering a catastrophic injury, it is not always possible to go back to work. Months may pass during the course of physical treatment and rehabilitation. Depending on the severity of your wounds, you may not be able to work for more than a few hours. It’s possible that you’re taking medicine for an existing condition that makes working unsafe for you.
If the opposing party thinks you aren’t “mitigating” your losses, they may reduce your personal injury settlement or perhaps reject your claim altogether. If your injuries worsen while you are on the job, the insurance company will say it is not your fault.
