I was in a auto accident not my fault and the doctors have me on a no work status as of this question.?

Question

I live in Virginia and since I have been off so long I have been advised I am terminated from my positon can any one advise me is this correct or any ideas has to how to handle this matter as I realize if I went back prior to healing I would only do more damage to the injured area. Any suggestions or serious help appreciated.

Answer 1

Well how long were you out? Consider the FEDERAL LAW the Family Medical Leave Act. You aren't allowed to work by Doctor's orders. Depending on the length of time I'd say they aren't allowed to terminate you, just get a note from the Doctor PROVING you aren't cleared to work and take it to Court if you need to.

Answer 2

Companies are not obligated to hold your job, even if you have a doctor's recommendation.  I think the exception would be if you got hurt on the job (and even then it is not a real law - but just a courtesy).

My wife was hurt 1.5 months ago, and this is what I found out from the lawyers.

Good Luck...

Answer 3

Do you have Add-On PIP coverage on your policy?  If so,  your own coverage should pay for a percentage of your lost wages for as long as you are unable to work.  

If you do not, then the other party's liability coverage will reimburse you for all of your lost wages at the time of settlement, but only those lost wages incurred while you were disabled with proper documentation.  

FYI - you say you are not at fault which may be the case.  However, VA applies the contributory negligence rule.  Meaning if you are found to be even 1% at fault, there can be no recovery  from the other party.

Answer 4

Your employer can fire you for not showing up.

Do you have lost wages coverage under your policy?  You can only collect lost wages for the days the doctor says you can't work.   I have no idea what your injuries were, but they need to be severe if you're talking about weeks or months disabled.  

You need to talk to YOUR AGENT.  YOUR AGENT can give you state and policy specific information.   If you have lots of medical bills, it's possible that the other guy doesn't have enough insurance to cover your full loss.  So then you have to collect under YOUR policy.  If YOU didn't buy much coverage, well, you got what you paid for.

Answer 5

Better get a lawyer and talk to your HR director at work.

Answer 6

Different states have different laws, but I can relate my experience and the laws where I live, in Manitoba.  If I were to be injured at work, and on workers' compensation, I could not be laid off, even if my position were eliminated.  However, I was seriously injured in a car accident in 1995, and was laid off a few months after being laid up.  Our law here does not protect your job if your compensation is from auto insurance, I found out, so it was perfectly legal for them to get rid of me.  My auto insurance helped with some schooling since my job no longer existed.   It didn't give me everything I needed, but gave me the foundation to then go to school for more specialized classes, which led to my insurance licence.