Recently Laid Off or Fired For Not Going Back to Work After an Accident? Know Your Rights!

Making Up For Lost Time

A catastrophic injury is never expected, but the aftermath is often predictable–losing time at work and maybe even losing a job. Federal law prohibits your employer from firing you for discriminatory reasons, such as disability. So what can you do if your employer illegally fires you after an injury? A lawyer who understands your rights can help you secure the best possible outcome for your case.

Equal Employment Opportunity Commission

If you were fired after an injury because you could not work at full strength, you may be able to file a wrongful termination lawsuit and a complaint with the Equal Employment Opportunity Commission of Texas. However, Texas is a right-to-work state, meaning that employees can be fired at any time for any reason. It can be difficult to prove wrongful termination without strong evidence and an attorney who is willing and able to build a strong case for you.

Outside of wrongful termination, there are several other sources of recovery.

Documenting Lost Income

There are several ways you can document your lost income. Whether you work for an employer or freelance, there are several ways to construct your lost income, including your average wage for a time period or even your tax returns. A good lawyer can choose the best method to maximize your recovery.

Lost Earning Capacity

While lost income represents money you sacrificed after the injury and time that you are still missing out on, a good attorney can also help you get compensated for future hardships. Loss of earning capacity is how we represent loss of ability to work for the rate and hours that you could work if you had your pre-injury abilities. You can get paid for your loss of abilities calculated over the rest of your working life–even if you were unemployed at the time, not completely disabled by the injury, or partly at fault for the accident.

As we have seen, you have several ways to seek damages after an injury. Many variables go into calculating your lost wages and lost earning capacity. Additionally, because venues can include the EEOC, civil court, and sometimes workers’ compensation court, it’s important to select a lawyer who is not afraid to advocate and represent your interests. Choosing good legal counsel is essential for deciding on the best strategy. Remember, the total losses that you sustain are only the starting point for negotiations. Your recovery can go up or down depending on the facts of the case. To fully recoup your financial losses, choose a lawyer like Joel A. Levine, who understands the benefits and protections you as an employee deserve under the law–an attorney who won’t back down when your employer tries to deprive you of your rights.

Sources Consulted

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Law Office of Joel A. Levine
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