Unfortunately, this happens way too often. In the case of a severe injury that permanently prevents you from returning to work, the first thing we do is try to assist you with obtaining whatever benefits might be available for someone in your situation. This could include a long term disability policy with your employer. It may be be benefits relating to your injury if it was suffered on the job in terms of workers compensation benefits. We often refer our clients to worker’s compensation attorneys who are specialists in this field to make sure they get all the advice they need in this situation.
There are also social security disability benefits that may be available–depending on your situation–and even state disability income, a temporary means of obtaining income while you’re disabled. We’ll also work with your old employer and try to show–using that person’s input and the input of your coworkers–that but for this severe injury, because you were a valued employee you would have continued to work there long into the future and thus continued to earn the same wages that you were earning at the time of your injury.
For a less severe injury, where you’re temporarily off work but able to return eventually, employers can’t always hold your position for you, so unfortunately there are times when one loses their job even if they are physically able to return. In this situation we also work with your ex employer, showing that but for your injuries you would have continued to work there and continued to earn on into the future.
We also council you to go out and try to find work in your field as soon as you reasonably can, so then in your case we can show that you’ve mitigated or minimized your wage loss damages, which the law requires you to do. In either case we ultimately work with your employers, with their records, with doctors and economists to calculate the full amount of the wage losses that you have as a result of your injuries, whether it’s temporary or the full lifetime due to the severity of the injury.