Our clients often express some confusion over whether they can or should work while their personal injury case is underway. They often worry that going back to work will harm their case in some way.

The answer is that it depends. A personal injury case is not like a Workers Compensation case, so there are no overt restrictions on what you can, or cannot, do while you are waiting for your case to be resolved.

Yet there are some subtleties you should be aware of.

In many serious personal injury cases it is simply not feasible to return to work after the accident. You may need months of healing and physical therapy before you can even consider returning to work. Your injuries might be so severe as to only permit you to limit your work to only a few hours a day, or you may be on prescription drugs which may make it unsafe for you to work.

Unfortunately, finances get tight if you are not working while you are waiting for your personal injury compensation, either by settlement or verdict.

Ideally, now your main job is just trying to heal and recover from the damage that was done to you. Going back to work before you’re ready can increase the damage that you’re suffering.

The facts are that even after an injury you still need to pay to keep a roof over your head as well as pay for food and all your other day to day living expenses, both for yourself and for your family.

Even if there is Worker’s Compensation or other insurance coverage it very rarely is equal to what you were earning before your injury. As a result of economic necessity many injured plaintiffs will return to work while their personal injury case is pending, even if they are in pain and the work causes an increase in their pain.

In the event you are forced to work, despite your injury, while your personal injury case is pending, the result will be that you may not recover any money for your “past” loss of earnings. Since you did not suffer any past loss of earnings you cannot now claim that as part of your damages. However, you may certainly make a claim for and recover compensation for your “future” loss of earnings, if your doctor can provide an opinion that it would be better for your health and recovery if you did not work and if you could just concentrate on obtaining the medical help and therapy you need.

The problem you will face is that personal injury cases may take two or three years to be resolved, whether by a settlement or a verdict. Whether to go back to work during that time will be a decision you will have to make in consultation with your doctors and your lawyer.

If you or a loved one were injured in an accident and are in need of legal assistance, call the lawyers at Jaroslawicz & Jaros.