Job Loss After Injury? CA Rights & Benefits (GJEL Accident Attorneys)
- Lost Wages Due to Accident? We Fight for Benefits & Compensation.
- Explore All Options: Workers’ Comp, Social Security Disability, & More.
- Protect Your Rights: Wrongful Termination & Disability Discrimination.
Read the full article for a California personal injury attorney’s detailed explanation of your rights and options if you lose your job due to an accident injury. Learn how GJEL Accident Attorneys help you access benefits and fight for the compensation you deserve.
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.
There may 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.
Social Security Disability Benefits May Be Available
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. California’s State Disability Insurance program replaces about 60 to 70 percent of your weekly wages, up to a state cap. Benefits can run for up to 52 weeks. You apply through the EDD and must do so within 49 days of becoming disabled. If your injury happened at work, workers’ compensation applies instead of SDI.
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.
Employers Can’t Always Hold Your Job If You’re Injured
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 California, the California Family Rights Act requires employers with five or more employees to hold your job for up to 12 weeks of protected medical leave. Once that period ends, your employer is generally not required to keep your position open. If you return after 12 weeks and your job is gone, whether that termination is lawful depends on the specifics of your situation.
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.
What Should You Do?
We also counsel 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. Being self-employed does not bar you from recovering lost income. Your attorney will use your tax returns, profit and loss records, and client contracts to show what you earned before the injury. They will also show what income dropped off during your recovery. The math takes more work than a W-2 case, but the claim is just as valid.
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 life due to the severity of the injury. A personal injury claim can include two kinds of wage loss. The first is wages already missed while you were out of work. The second is future income you will never be able to earn because of a lasting injury. That second category often needs an expert, like an economist, to put a number on what you would have earned going forward.
The Importance of Obtaining Benefits After a Severe Injury
Sustaining a severe injury can be a life-changing event, affecting your ability to work, care for yourself and your family, and enjoy your usual activities. In these situations, obtaining whatever benefits might be available for someone in your situation is critical. The first step is to understand what benefits you may be entitled to, such as long-term disability policies with your employer, workers’ compensation benefits, and social security disability benefits. However, the process of obtaining these benefits can be complex and time-consuming, so it’s essential to have the right legal assistance by your side.
At our personal injury law firm, we specialize in helping clients navigate the complicated web of benefits and compensation programs. Our experienced attorneys can help you identify all potential sources of benefits, complete the necessary paperwork and documentation, and fight for your rights in case of denial or delay of benefits. The key evidence for a lost wages claim is straightforward. You need recent pay stubs, tax returns, and a wage letter from your employer. You also need doctor notes that confirm when you could not work. For cases with long-term limits on your ability to earn, a vocational expert may write a formal report on your future losses.
We understand the financial and emotional toll that a severe injury can have on you and your family, and we’re committed to helping you obtain the support and resources you need to move forward.
Losing Your Job Due to Injury: Understanding Your Rights
Losing your job due to an injury can be a frustrating and difficult experience, especially if you’re physically able to return to work. Unfortunately, in some cases, employers can’t always hold your position for you, leaving you without a job and a source of income. However, you do have rights in these situations, and it’s essential to understand what they are.
Under the law, employers cannot discriminate against employees with disabilities or injuries and must make reasonable accommodations to help them perform their job duties. The California Family Rights Act, known as CFRA, applies to employers with five or more employees. It gives eligible workers up to 12 weeks of unpaid, job-protected leave per year for a serious health condition. To be eligible, you generally need to have worked for your employer for at least 12 months and logged at least 1,250 hours in the past year. In some cases, this may mean allowing you to return to work with temporary or permanent modifications to your job duties, schedule, or workplace. If your employer fails to make these reasonable accommodations or terminates your employment, you may have legal grounds to file a claim for wrongful termination or discrimination.
At our personal injury law firm, we have helped numerous clients navigate the complex landscape of employment law and fight for their rights in cases of wrongful termination or disability discrimination. We understand the emotional and financial toll that losing your job can have, and we’re here to provide the legal assistance and support you need to protect your rights and pursue justice.
How Employers Can Help You After an Injury
If you’ve suffered an injury on the job or while performing your job duties, your employer may have a legal obligation to provide you with certain benefits and accommodations to help you recover and return to work. Under the law, employers must provide a safe work environment, workers’ compensation benefits for job-related injuries or illnesses, and reasonable accommodations for employees with disabilities.
These accommodations can take many forms, depending on the nature and extent of your injury. California’s Fair Employment and Housing Act sets a higher bar than federal law for what counts as a reasonable accommodation. Common examples include a changed schedule, a shift to remote work, a move to light-duty tasks, or leave beyond the 12 weeks CFRA covers. Your employer must work through this process with you in good faith.
For example, your employer may need to modify your job duties or schedule to allow you to perform your work while accommodating your injury. They may also need to provide you with assistive devices, such as ergonomic chairs or handrails, or make physical modifications to your workplace to improve accessibility.
Note: GJEL Accident Attorneys is a California Personal injury law firm that only handles serious injury and wrongful death cases.
Written by Andy Gillin. Last Updated 04/15/2024
