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Should I Go Back to Work after a NJ Car Accident?
After being involved in a car accident in New Jersey, one of the most pressing questions you may have is whether or not to return to work.
This decision is not just about your physical readiness; it can also significantly affect your insurance claims and legal proceedings. Making an informed choice is essential.
Is a Car Accident a Valid Reason to Be Excused from Work?
Yes, being involved in a car accident is a legitimate reason to be excused from work. Most employers will understand the need for time off due to the physical and emotional stress caused by an accident.
According to the New Jersey Department of Transportation, there were 278,413 crashes in 2018, which highlights the common nature of this issue.
Health experts suggest that taking good rest after an accident can prevent long-term physical damage.
Will Going Back to Work Affect My Claim?
Returning to work too soon can impact your personal injury claim, as insurers may argue that the quick return to work is evidence that your injuries are not as severe as claimed.
A 2019 report from the Insurance Research Council indicated that claimants who took more than a week off work received settlements three times larger than those who didn’t.
How Can I Apply for Medical Leave after a Car Accident?
Medical leave applications after a car accident should be approached carefully:
- Obtain a medical certificate from your healthcare provider indicating the necessity of leave.
- Learn about the Family and Medical Leave Act (FMLA). This law can help you by keeping your job safe while you’re away for up to 12 weeks.
According to the U.S. Department of Labor, in 2020, about 16.2% of workers took FMLA leave for their illness, and some of these may include injuries from car accidents.
This act is there to help you recover without worrying about losing your job.
Can I Get a Claim after a Motorcycle Accident?
Motorcycle accident claims are common in New Jersey, and you are entitled to claim for damages.
Statistically, motorcyclists are 28 times more likely to die in an accident than car passengers, making claims potentially more significant.
The process is similar to car accident claims but may involve specific regulations about motorcycle riding. Those specific regulations and considerations are:
Many states have helmet laws that require motorcycle riders and sometimes passengers to wear a helmet.
In some states, failure to wear a helmet can affect the outcome of a claim, potentially reducing the compensation due to comparative negligence.
In some places, lane splitting (the practice of moving between lanes of traffic) is illegal, and if a motorcyclist was lane splitting at the time of the accident, it could impact their ability to claim damages.
Most states require a special motorcycle endorsement on a driver’s license. If a motorcyclist doesn’t have the proper approval, this could negatively impact a claim.
Insurance requirements can be different for motorcyclists compared to car drivers. For instance, in some states, motorcyclists may not be required to carry personal injury protection (PIP) insurance.
There are specific regulations regarding the equipment on a motorcycle, like mirror size, tire tread depth, and turn signal requirements. A failure to comply with these regulations could be a factor in an accident claim.
Motorcyclists are more susceptible to dangers from roadway hazards like potholes, uneven road surfaces, and small debris. These hazards can play a significant role in accidents and subsequent claims.
Motorcyclists often claim that a driver “didn’t see them,” and visibility can be a significant factor in motorcycle accidents. Claims often hinge on whether the motorcyclist was visible and the other driver was paying proper attention.
Contributory or Comparative Negligence
In some accidents, both the motorcyclist and the driver of the other vehicle may share blame. States vary in how they treat shared fault, with some allowing for a reduced recovery based on the motorcyclist’s percentage of fault.
Understanding these regulations and their interaction with local traffic laws is crucial for anyone involved in a motorcycle accident claim.
See also : NJ Motorcycle Accident Lawyer
Does Insurance Affect a Truck Accident Case?
Insurance does play a significant role in a truck accident case in New Jersey.
Truck accidents may involve commercial insurance policies, which can be more complex than standard car insurance.
In 2020, commercial vehicles were involved in 6.3% of all traffic fatalities in NJ, showing the severity and legal intricacies of such accidents.
Get Experienced Attorney Help after a Car Accident in New Jersey
Seeking legal assistance after a car accident in new Jersey is crucial:
- An experienced lawyer like Rosengard Law Group can navigate the state’s no-fault insurance laws and personal injury protection (PIP) coverage.
- The New Jersey Bar Association states that legal assistance can drastically improve the outcome of an insurance claim or lawsuit.
How to Communicate with an Insurance Company after an Accident in New Jersey?
Always be cautious and consult with an attorney before providing statements to ensure your rights are protected.
How to Speed Recovery after a Car Accident?
Follow medical advice, attend all therapy sessions, and maintain a healthy lifestyle to expedite recovery.
Deciding to return to work after a car accident in New Jersey is a decision that should not be taken lightly.
It requires considering your physical health, understanding the legal implications, and knowing the effects on insurance claims.
Consulting with healthcare professionals and experienced attorneys can guide you through the process to ensure your recovery and rights are prioritized.