Maintaining A Career After An Injury Settlement

Law Blog

Not all injuries end in disability payments for life. Sometimes you may settle out of court with serious, long-lasting injuries that either have ambiguous fault or compensation packages that aren't enough to keep you comfortable for the rest of your life. Unfortunately, those same injuries may make your current job or searching for a new job difficult. As you work through the settlement process, consider a few negotiation angles that can secure a more successful future with your injuries in mind.

Understand And Document Performance Changes

After an injury, your productivity may not be the same. You may work more slowly or with lower productivity due to pain when performing certain tasks, physical inability due to limited movement, distraction because of injury or lack of focus due to a traumatizing event. These issues may have a direct impact on your ability to stay employed, compete for promotions or find more employment.

If the injury was caused by your employer, you may be lucky enough to secure employment at the company. However, getting a promotion or changing to another position within the company may be difficult if you simply can't perform the tasks required.

If your employer wasn't involved at all, you may have to cite local and state laws to protect yourself from termination. Even though there are disability laws on the books in many states, ignorance on both your part and your employer's may result in an illegal firing with no questions asked. You may have rights, but you'll need to check your state's labor laws first. 

Finding a new job may be difficult as well. Even if laws are present that should protect a disabled person from employment discrimination, any reason could be used to cover up a potential employer's distaste for your injury-related performance.

To prevent any of these situations, be sure to document your work performance after an injury in order to create a detailed statement of how the injury could affect your ability to survive. It can boost your argument for higher compensation amounts and pave the way for services to help you stay employed if needed.

Supporting Career Potential With Job Training Services

If compensation amounts are too low or you'd rather have a concrete plan outside of savings, job training services may be your best bet. Suggest that your legal opponent pay for job training services, vocational rehabilitation or even college tuition to prepare you for a career that doesn't exacerbate your injuries further (or as much as your previous/current employment).

College attendance is a great way to reach for higher income brackets, especially if you have time to research different career paths, their physical and mental demands and the potential pay. Although college may seem expensive, your legal opponent may be tempted by the lower price tag of a grant writer or scholarship expert's services. Finding enough funding for college can be a full time job, especially if your grades aren't immaculate. With a professional's help, funding can be found without taxing your legal opponent for the full cost of college tuition.

Contact a personal injury firm like Leen and Emery to assess your settlement's potential and to plan personalized negotiation points. 

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26 March 2015

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