Considerations That May Limit the Amount of Your Personal Injury Damage Award

If you have been injured in an accident, you may decide to file a claim and seek compensation for your losses from the at-fault party. We have discussed the kinds of damages that you may be able to make a claim for in this post. They include damages for financial losses, like lost income if your injuries prevent you from working, as well as general damages for things like pain and suffering or esthetic prejudice (e.g., disfiguring injuries that may require plastic surgery or dental surgery).

However, it is not a given that you will get everything that you ask for. Continue reading

Functional Capacity Evaluations: What Are They And What Are My Rights?

If you have been injured in an accident, you may have spent some time off work to heal and recover from your injuries. At some point along your healing journey, your employer and/or your insurer may begin to contemplate your return to work. They may want to know how well you have healed and what kinds of tasks you may or may not be able to resume.  

To assess your condition, they may ask you to attend an examination known as a residual employability assessment or Functional Capacity Evaluation (“FCE”). 

An FCE may be part of plans for a gradual return to work. Continue reading

Returning to Work After an Injury: Gradual Return to Work and the Duty to Accommodate

If you have suffered an injury and been off work, you may be considering what will happen once you are ready to go back to your job. Will you be expected to jump back into your old position immediately? What do you have to disclose to your employer and co-workers about your injury? What if you aren’t able to carry out all the tasks that were part of your job before you were injured?

Anyone who has suffered an injury has a duty to mitigate their losses; that is, they have the responsibility to try to improve their situation. This is true not only from a physical standpoint (for example, an injured person must follow the medical advice and treatment plans set out by their health care providers), but also from a financial standpoint. Continue reading