Caring and Competent Representation Across New Mexico

What about my job after a car accident?

by | Jun 8, 2018 | Motor Vehicle Accidents

When you are in a bad car accident in New Mexico, there is a lot you have to deal with. Along with damage to your vehicle, you probably have injuries that need medical attention. Even with minor injuries, some work may be missed due to doctor’s appointments and time for healing. For more serious injuries, you may need to take off an extensive amount of work. What happens to your job and the wages you lose due to time off?

The Chronicle states that if you work for a large company, you may be eligible for benefits under the Family and Medical Leave Act. This allows you to take up to 12 weeks off work with a guarantee you will get your old job, or something comparable, back when you return. While this may help your state of mind, knowing you still have a job to go back to, the time off is unpaid which can be challenging financially, especially if you are the breadwinner of the family.

According to FindLaw, you can recover the lost wages that have accumulated through an insurance claim or via a lawsuit. You will need proof from a doctor that you are not able to work due to your medical issues, and there should be some timeline as to how much time you need off. You need a letter of employment from your company, and you will need to present pay stubs, a 1099 or a tax return to calculate wages.

For long-term disabilities, you may be able to claim income loss for the future, and even lifetime earning loss. This is much harder to prove, so using an attorney and other experts is imperative.