Legal Question in Insurance Law in Colorado
Loss of job after auto accident, vocational rehabilitation
Hello,
I got injured in an auto accident and lost my job. I can't return into my old job because of medical restrictions. Does the insurance of the party at fault has to pay for vocational rehabilitation and how does this work and what does vocational rehab includes?
Thank you for your help
Michaela
2 Answers from Attorneys
Re: Loss of job after auto accident, vocational rehabilitation
I practice law in New York. Each State has its own version of No Fault, but usually phyical therapy and occupation rehab are covered because the company is responsible for lost
wages. The sooner you return to work, the better for them.
If you were in the course of your employment when this happened (the auto accident) it would fall under workers compensation.
In addition, if you are fired due to a
disability, as opposed to medical restrictions, it may be discrimination under federal law, especially if it arose out of a work related accident.
If you can't find out from the insurer, consult a local attorney.
Re: Loss of job after auto accident, vocational rehabilitation
I do not practice in Colorado so I don't no whether they have a no fault statute or comparative vs. contributory negligence so you need to consult a local attorney. The first question they will probably ask is whether the other party's insurer has admitted liability? If so then it is just a matter of assessing damages and in order for you to recover for medical injuries including any necessary rehab you would have to establish that they were caused by the accident.
In any event, consult a local attorney if you have not already done so. If you decide to try to handle your own personal injury claim I would recommend getting the book How to Win Your Personal Injury claim from Nolo Press. You can get a copy of it from my site the Self Help Law Center by cutting and pasting the link below.
http://www.affordablelegalsolutions.com/Personal_injury.htm
Good luck
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