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Can I Take Medical Leave from Work for Injuries Suffered in a Car Accident?

Posted on behalf of Arnold Law Firm in
medical leaveThe Family and Medical Leave Act of 1993 (FMLA) legally requires employers to allow eligible employees to take up to 12 weeks of unpaid leave due to the birth of a child, an illness or injury, or to care for an ill or injured loved one. According to the Center for American Progress, 73 percent of the 20 million people who take medical leave from work do so to take care of their own injury or illness or that of a loved one. If you suffered an injury due to an accident caused by the negligence of another and had to take medical leave, our car accident attorneys in Sacramento may be able to help you recover compensation for your lost wages.

Am I Eligible for Medical Leave for my Accident Injuries?

Under federal laws, employees who have worked 1,250 hours in the past 12 months before applying for benefits for a company that has at least 50 employees are eligible for medical leave. California offers its workers additional coverage when it comes to medical leave under a statute called the California Family Rights Act (CFRA). Under the CFRA, eligible employees can take 20 or more calendar workweeks of unpaid medical leave to deal with an injury, illness, caring for a loved one or for the birth of a child. The CFRA also applies to private employers that have employed at least five workers within the U.S. and its territories. All public employees are eligible and private elementary and secondary school employees are also eligible.

Do I Get Paid During Medical Leave in California?

Generally, any medical leave that is not covered by accrued Paid Time Off (PTO) from an employer is unpaid. This includes any leave taken under the FMLA or the CFRA. The intent of these laws is to ensure employers do not eliminate your job or hire someone to replace you while you are on medical leave or terminate your benefits. If you are eligible for either state or federal medical leave, your employer is legally bound to give you your job back once you can work again.

Benefits of Taking Medical Leave

The main benefit of taking any medical leave is having the option to take the time needed to recover from an injury, no matter the severity. Although you may not be paid for the time you are not able to work, you may be able to sue for lost wages due to the at-fault driver’s negligence.

Can I Recover Compensation for my Lost Wages?

If your injuries are severe enough that you are not able to work and must take medical leave from your job, you may be able to recover monetary compensation for your lost wages. Lost wages are often included in injury settlements or verdicts. Our attorneys have experience recovering lost earnings for people who were forced to miss work to treat their injuries. We have successfully recovered millions in judgments and settlements.

Call us today at (916) 777-7777 for a free case review. We do not charge any upfront fees and only get paid if we recover compensation on your behalf.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.