Nearly three months ago, I was in a car accident which was the other driver's fault. I was not sure at the time whether I would be able to w...

Question

Nearly three months ago, I was in a car accident which was the other driver's fault. I was not sure at the time whether I would be able to work, and was also unsure of the extent of my injuries. I was a pizza driver. I told my boss that I would keep in contact regarding returning to work. I could not because I couldn't drive and I was afraid of re-injuring myself. Now, after three months of physical therapy and doctor's visits through my insurance's PIP, I am sure I wasn't able to return to work because of a back injury I sustained.

Here's my question: My employer wants to state that I lost my job due to miscommunication, though I am now positive I couldn't work due to personal injury. I haven't sent the wage information papers to my insurance company yet because they say I lost my job due to miscommunication, not due to injury. How can I be compensated for my lost wages now?

Answer

Your doctor should be able to verify in writing that you were unable to perform your regular duties, and, hopefully can estimate for how long. Ask him for a letter to go to the PIP handler (with a copy to you). The PIP claims adjuster has most likely already asked him if your injuries interfered with your work duties. It's not too late to re-submit a claim to PIP for lost wages, but the adjuster will need a reason to reverse his previous decision. Which brings me to .... you proving interference with your work duties. Unfortunately it usually takes the support of your employer to confirm with the PIP handler that you were an employee in good standing at the time of the accident and you lost time and wages because of the accident, not for other reasons, like miscommunication. If your employer won't acknowledge that you were a valued employee, and that you did lose time on the job from this accident, then you have a proof problem. It makes it tough to bring a wage loss claim. Factors: were you a valued employee? What is the employer's version of the miscommunication, and when did the alleged miscommunication happen? What is your history with the company? Track down what they say the "miscommunication" is/was. If they terminated you long after the accident, then you may be able to at least bring a wage loss claim for the period of time between the accident and your termination date. Keep working it, and don't give up in your pursuit of justice. All the best,

John Greaney

www.greaneylaw.com

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