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Loss of job due to auto accident

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WoundedKnee

Guest
What is the name of your state? Alabama

A little over a month ago I was involved in an accident. An elderly woman ran a stop sign and hit my car on the passenger side. Her insurance company (state farm) has already paid for fixing the car and tells me they will not discuss an injury settlement until I am released by the DR. On top of the normal bruising and aches my kidney was lacerated, surgery was required and I have been unable to work since. I was told on Friday that it would be at least another month before the Dr. would release me to work again.

I am a fitness instructor in a local gym. When the accident occured I notified my employer who seemed very concerned. Less that 2 weeks later though she informed me that she "was no longer able to hold the job open." My question is this...can she rightfully fire me since I was under Dr.'s orders? Also, how does the loss of my job figure...if at all, into any claim I have against the other driver's insurance company? I understand they are responsible for covering lost wages but if there is not job there are no wages to cover. Of course if their had been no accident I would still have a job. I have an appointment with an attorney next week but was hoping to get a little info before I go into to see him. Thank you!
 


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ProResearch

Guest
If you can get the supervisor to write a letter (or something else concrete) that she could no longer hold your job because you were off due to the accident, then perhaps you can recover your lost wages from the at-fault driver's insurance company when time to settle. If need be, tell her that you won't hold them liable for anything if you can get this letter that will help you in the settlement with the other driver's insurance company (well... check with your attorney on this one however because of the employment laws in your state and if you have a contract, etc. -- but it *could* be used to get the letter otherwise) .

You will have to figure what you lost in that time period. You can use your pay stubs from previous weeks to show how much you would have earned had you still had the job -- if you didn't go through this car wreck (I hate the word 'accident' :(

It is good that you are using an attorney for these injuries as you have suffered more than usual "minor" or non-life-threatening injuries. Damage to your kidney with surgery is not minor and may cause future complications.

Let us know what your attorney says!!!
 
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WoundedKnee

Guest
Thanks for the response Diane. I have already gotten a letter from the former employer stating why she had to let me go. I checked with the employment office here and although it lacked character it wasn't an illegal act on her part to replace me. I can at least file for unemployment compensation as soon as the DR. releases me.

I had an appointment yesterday with my divorce attorney and was telling him what had happened. He also handles personal injury cases. He gave me some good pointers as far as dealing with the adjuster and what would be a fair settlement in his opinion. He offered any other assistance I might need so that has helped ease my mind.

I talked to the "team" that is handling the claim for State Farm yesterday for the first time. They seemed unconcerned...said they didn't need to see a Dr.'s report because they could tell what kind of injury was sustained from the medical bills. I told him that so far there was nearly $20,000 in medical bills and I wasn't sure how they would be able to tell from that that I had a lacerated kidney. There was dead silence on the other end. He put me on hold and came back to tell me that my claim was being turned over to an individual adjuster out of another office. I fully expect a call soon with an offer to settle. Pretty sure it will be a fraction of what I think is fair.

I'm glad I found this site and did some research. I know so much more now than I did going in to all this mess. I only hope I don't have to file a suit!!
Cathy
 
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ProResearch

Guest
I'm pretty sure it will be a fraction of what is fair too! But don't let that stop you from countering their offer. Don't go down any until they've come up. Also, it's okay that you might have to file a lawsuit. With the kind of injuries you have, as long as their insured's policy has limits to cover, you should be okay. Just remember you will have to give the attorney his share of the settlement. But if you don't use an attorney to the full extent, be patient. Don't be quick to settle.

The other side is "feeling" you out to see how desperate you are (money-wise), and if you "know" what you are doing (how much the case is worth-wise :).

~Diane~
 
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WoundedKnee

Guest
It was an interesting meeting. The guy was very, very, very friendly and concerned. It was sooooo heart warming!! I had the post op and pre op report and diagnosis. He didn't try and downplay the severity of the injury and that really surprised me. I thought for sure he would act as if it were no big deal. He wanted me to sign a universal release and I refused. It would have given him the right to records from "any" medical facility, hospital, bank or business I had ever been involved with. I just couldn't see giving him that kind of power in my life. I told him I would be happy to contact the Dr. and hospital and anyone else he needed me to and have all records and bills pertaining to the accident faxed to him. Since this accident happened I have felt a great loss of control of my life and I didn't want to have to sit here wondering who he was contacting and what questions he was asking. Doing it myself gives me back some power over the situation. I need that. This has been the worse thing I have ever been through!!

He told me they would definitely be paying lost wages but he didn't know what they could do about the fact I had lost my job. I told him that I thought he could probably think of something to do. I told him that before his client ran the stop sign and plowed into me that I had the emotional and financial benefits of a job and that when she did what she did she robbed me of any future right to those benefits. I think that by the time I left his office he knew that this accident had devastated me physically, financially and emotionally but that I was not stupid and would be standing up for my rights. I managed to be strong in a very polite way....I hope I made the proper impression on him.
Cathy
 

cbg

I'm a Northern Girl
Now let's determine if it was legal for the employer to fire you. To that end, a couple of questions:

How long had you worked for that employer and how many employees total do they have? How many at your location?

How long before the doctor thinks you will be able to be released to full duty? Partial duty?

Just being under a doctor's orders does not automatically protect your job but under certain conditions you have protection. If you can answer these questions I can give you additional information.
 
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WoundedKnee

Guest
I had worked for the gym for a little over 5 months and she had a total of 6 employees. I'm fairly sure I have no legal recourse as far as the job is concerned. I can't imagine her letting me go without first checking to make sure she could not be held liable in some way.

I went to the Dr. on the 6th and there was still blood in my urine so he wouldn't release me to work. I'm still experiencing pain also in the kidney area. I go back on the 10th of January and if the urine is clear he will then release me to work.

Let me ask you this question. This gym is a franchise of a very large company. Would I be considered an employee of the franchise owner or the company?
Thanks,
Cathy
 

cbg

I'm a Northern Girl
No, you're right; if you had only been there for 5 months then it was legal to fire you. If you had been there a year or more and had worked at least 1250 hours they would have had to give you a minimum of 12 weeks leave before they could term you, but at five months you have little or no job protection.

It was worth a try.

I know nothing of franchising, sorry.
 

Beth3

Senior Member
Franchises are typically independently owned, so it is very doubtful that you would be considered an employee of anyone other than the francise owner.
 

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