The amount of time you should request off after your car accident will vary depending on the severity of your injuries. If your injuries are so severe that you cannot complete daily living activities, let alone work responsibilities, you may need to take a week or longer off until your physician says it is OK to resume your duties. However, if you are dealing with a lasting injury or permanent disability, you may be unable to return to your position for the foreseeable future.
Car accident injuries can range from minor bruises and broken bones to traumatic brain injuries and loss of limbs. The greater the impact your injuries have on your life, the more time you should expect to take off of work after a collision. Trust in an experienced North Charleston car accident lawyer from Shelly Leeke Law Firm to help you get through these difficult times and secure the financial support you need when you need it most.
What to Do About Your Employer After a Work Accident
Our clients often ask us, “How long should I be off work for whiplash?” and wonder what they should do immediately after being involved in a work-related accident. First and foremost, you need to make sure you report your work accident to your employer as soon as possible. Generally, you have up to 30 days to report the incident before your workers’ compensation benefit approval could be in jeopardy, according to the South Carolina Workers’ Compensation Commission (SCWCC).
Once you have notified your employer of the accident, you need to get medical attention as soon as possible. Even if your injuries initially seem minor, you need clear medical records and documentation. Your employer will direct you to an approved healthcare provider or facility.
You must see your employer’s selected healthcare provider to collect workers’ compensation benefits. If you are unhappy with the care you receive from this provider, you may have the right to get a second opinion and see the physician of your choosing. However, your employer needs to approve this second opinion.
Expected Recovery Times After a Car Accident
So, how long should you stay out of work after a car accident? It is difficult to say without having reviewed the circumstances of your case. Generally, you should be able to rely on your healthcare provider’s treatment plan. If your doctor gives the OK for you to go back to work, then you should do so. Otherwise, you may find your workers’ compensation benefits terminated per South Carolina Code §42-9-30.
However, the type of catastrophic injury you sustain will determine how long you may need to take off work. You can talk to a catastrophic injury lawyer for advice. For example, if you suffered a broken arm or leg, it could take several weeks or months to heal if you require surgical intervention or suffer a complex bone break.
If you suffer a traumatic brain injury, you may find yourself incapable of returning to your pre-injury position. Talk to a traumatic brain injury lawyer today.
Light Duty
More often than not, injury victims have the right to collect workers’ compensation benefits until they are capable of returning to work. If your healthcare provider allows you to return to work on light duty, you will need to agree to do so, or the insurance company may decide to stop issuing disability benefits at a reduced rate. If you are not able to return to work due to the severity of your injuries, you should be able to continue collecting workers’ comp benefits until you reach maximum medical improvement, the maximum number of weeks allowable based on the type of injury sustained, or your benefits may convert to disability benefits.
When to Return to Work After a Car Accident
If your accident is work-related, you will not need to request time off of work after notifying your employer. However, if you were involved in a car accident that had nothing to do with your work responsibilities, you may need to give your employer an estimate of how long you may be out of work. The answer may not be clear, but you should be able to get an idea from your healthcare provider.
You should also notify your employer that you may need to work at a reduced capacity while you are recuperating. Depending on your position, you may not be able to return to work until you return to full functionality and mobility. This could take several weeks, months, or longer, depending on the type of injury you sustained in the car accident and how your injuries impact your daily life.
What Is Maximum Medical Improvement?
Maximum medical improvement (MMI) refers to the point at which your injury is not expected to improve any further. Even if you obtain additional medical intervention, your condition will not get any better than it is when you reach MMI. Your personal injury lawyer may wait until you reach MMI to accurately determine the value of your workers’ comp or personal injury claims.
If you are seeking workers’ compensation benefits, your employer’s workers’ comp insurance provider may be required to cover your medical bills. They will also need to provide you with wage replacement benefits. In some cases, you may be entitled to vocational rehabilitation benefits that can promote new job skills so you can eventually get back to work.
If you are filing a personal injury claim, we can help you account for every loss. You should be repaid for all economic and non-economic damages. Some of the potentially recoverable damages that may be available to you after a car accident include loss of income, medical bills, pain and suffering, reduced quality of life, and compensation for permanent disability.
Get Help from South Carolina’s Premier Car Accident Law Firm
You do not necessarily need to reach maximum medical improvement before you return to work. If you can get back to work with fewer job responsibilities and physical exertion, you may be able to get back to your life sooner. However, do not hesitate to take as much time as you need to fully heal. Otherwise, you risk worsening or repeating injuries.
When you need help covering your medical bills and loss of income while you recuperate, turn to a leading South Carolina car accident attorney from Shelly Leeke Law Firm. We offer free, no-obligation consultations to car accident victims and injury survivors across the state. Claim yours by calling our office or completing our quick contact form to get started.
