Getting injured in a job-related accident can be just as stressful as suffering injuries in a motor vehicle collision. You’re coping with pain, dealing with your daily tasks, and the future is unknown, especially where there are doubts about you returning to your job. Even if you’ve recovered to the point where your treating physician clears you to return to work, there is still a lot of uncertainty surrounding the availability of your old job. The following is a list of important considerations.
Your Duty to Mitigate
Every personal injury victim has a duty to mitigate (minimize) their damages. Basically, you’re responsible for attempting to improve your circumstances or situation as best you can. In other words, you must take all reasonable measures to try reducing as many negative consequences as possible. Furthermore, you need to take steps to prevent your injuries from getting worse and your losses from increasing or accumulating. Apart from opting for medical treatment, you need to ensure that you are properly represented in the court of law by an expert personal injury lawyer in Sherwood Park.
Medical Care and Treatment
Your duty to minimize your damages also requires you to follow your doctor’s or health care provider’s advice and recommendations where the care and treatment of your injuries is concerned. This could mean going to rehab or therapy, taking prescribed medications, or undergoing a surgical procedure to alleviate your pain and suffering. However, all of this costs money and that is why it is important to claim for damages. By consulting with a lawyer, you are aware that someone that understands the legal nuances will be able to help you through it.
Returning to Work
In addition to the above, the duty to minimize damages also applies to the injury victim returning to work. If you choose not to return despite being medically cleared to do so, the court can refuse your claim for lost income. Furthermore, if you cannot return to your former job but can still work and earn a living, but you choose not to do so, the court can reduce your compensation because you’ve failed to mitigate your damages.
In addition to all of the above, your employer is obligated to accommodate you and adjust your duties if you can no longer perform your responsibilities. This includes accommodating you with modified work duties should your situation require that. If you’ve suffered a workplace injury, have recovered, and have been cleared by your doctor to return to work, talk to a personal injury lawyer first and learn what your rights are.