Frequently Asked Questions
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These questions and answers are general in nature. No question or answer can cover all situations, so you should not rely on these answers as advice for your particular situation. Please seek an opinion from an attorney for your specific situation.

Personal Injury

What is one of the most important things to do at the scene of an auto accident?

Make sure that the police officer writes a report. Officers prefer NOT to write reports, but they should write one if an injury is reported, even if it is just aches, pains and spasms. Be pleasant but persistent.

What can I do during medical treatment to help obtain the best settlement?

Avoid no-shows and cancellations with your medical providers, avoid gaps in treatment and be accurate when discussing your medical history.

What are my options to get a total-loss damage claim resolved?

If the damage results in a total loss (the cost to repair exceeds the fair market value) you can keep the car and receive payment for fair market value less salvage value, or you can release the car to the insurance company and receive payment for fair market value.

Can I collect for my loss of earnings as a result of an injury?

The best way to prove a claim for wage loss is to have a doctor put you on disability, and have your employer provide a written statement of your time off work and wages lost that match the disability period.

Can I get compensation for a change in my lifestyle as a result of my injuries?

Yes, you are entitled to money for loss of enjoyment of life. It is advisable to document all of the things that you used to do before the accident, such as sports, workouts, traveling, walking the dog, and compare this to the level of activity after the accident.

What money should I use to pay my medical bills?

Hopefully, you have either Med-Pay coverage with your auto policy or health insurance. Do not let a hospital or medical provider tell you that you have to pay out of pocket or that the responsible insurance company must pay the medical bills, because that is not your best option. Generally, the responsible insurance company will make one payment in settlement of your entire case after you have completed medical treatment.

Employment

How do I qualify for unemployment?

Typically, after one is fired, and is available to work, one can qualify for unemployment. If you quit or are fired for good cause, it is much more difficult to collect unemployment.

If I am disabled and want to continue working, what can I do?

Sit down with your supervisor to see if the employer can make a reasonable accommodation to allow you to continue working. For example, if you injured your back and your doctor has limited you to lifting no more than 10 pounds, and your job requires you to lift more than 10 pounds from time to time, ask your supervisor to see if someone else can do the heavy lifting for you.

If I am uncomfortable at work, eg., distasteful jokes, sexual photos displayed, racial innuendos or unsafe working conditions, what can I do?

Your recourse is to report the matter to your immediate supervisor. Discuss reasonable alternatives.

Am I entitled to rest periods during the workday?

Yes, you are entitled to a paid 10-minute morning and 10-minute afternoon break.

What happens if my lunch break is interrupted by my employer asking me to do work while I eat?

You are entitled to an extra hour of pay for each day that occurs.

If I am injured on the job and cannot work, can I be fired?

Generally no, unless the employer can show that you will never be able to do your essential job duties, and the employer honestly and reasonably cannot find another position for you.