What happens if you lost your job because of a Florida accident? | Guy S. DiMartino DC, JD, PA
June 6, 2013
Florida trial lawyer, Guy S. DiMartino, DC, JD, explains what happens if you lost your job because of a Florida accident?
It happens all too frequently, somebody is injured in an accident and because of their injuries they have to take time off of work AND THEY LOSE THEIR JOB. Florida law allows a person who experiences a loss because somebody was careless and caused an accident to receive compensation for their loss. So, if it can be proven that the injured person actually lost their job because of the accident, then the person should be compensated for the time they lost from work, and if they have to take a lower paying job, they may be able to receive money for the difference in income. The key to proving this claim is having the employer admit that they laid the employee off because of the injuries sustained in the accident. If the employer says that they let the person go because of other reasons, the loss of job (income) claim will not be successful.
This doesnt mean that if the injured persons loses their job that they can just stay home if they are able to work and collect money from the other persons insurance company. THE LAW DOESNT WORK THAT WAY. There is a legal concept called “mitigation of damages.” A party who is injured or suffers a loss is required to mitigate their damages. In this instance, the person is required to at least show that they have made a good faith effort to find another job.
If you have any questions about the types of compensation somebody can receive after a Florida accident, give me a call directly on my cell at 352-267-9168 or fill out the internet consultation form on the right.