Should I Take Time Off from Work Following an Accident?

Why Taking Time Off Matters

After an accident-whether on the road, at work, or elsewhere, your priority should be your health. Taking time away from work allows your body to heal and prevents injuries from worsening. It also protects your legal rights: if you return too soon, insurance companies may argue that your injuries were not serious, which could reduce the value of your claim.

How to Decide If You Should Take Time Off

The answer depends on your specific injuries, your job duties, and your doctor’s medical advice. Even injuries that seem “minor,” such as whiplash, concussions, or soft-tissue sprains, can require extended rest. If you push yourself back into work before you’re medically cleared, you risk reinjury, delayed healing, and harm to your personal injury claim.

Your Legal Rights to Time Off

If the Accident Was Work-Related

If you were injured while performing job-related duties (such as driving a company vehicle or making deliveries), you may be eligible for New York workers’ compensation benefits, which can cover:

• Medical treatment
• A percentage of your lost wages
• Disability benefits if you cannot return to your job

However, workers’ comp does not cover pain and suffering.

If the Accident Was Not Work-Related

You may be able to rely on:

• Sick leave or PTO
• Short-term disability benefits
• A personal injury lawsuit against the at-fault party to recover lost wages and medical bills

Federal Protections

• FMLA (Family and Medical Leave Act): Eligible NYC employees may take up to 12 weeks of unpaid, job-protected leave to recover.
• ADA (Americans with Disabilities Act): If your injuries qualify as a disability, you may request accommodations such as light duty, remote work, or flexible hours.

The Importance of Medical Documentation

Always see a doctor immediately after an accident. Your physician will determine how long you should remain out of work and provide written restrictions. These medical records are critical both for your employer and for supporting your personal injury case.

How to Communicate with Your Employer

When requesting time off:

• Give written notice explaining your need for medical leave
• Provide supporting medical documentation
• Clarify the type of leave (sick, unpaid, or FMLA)
• Keep copies of all correspondence

This ensures your job is protected and your legal rights are preserved.

Risks of Returning Too Soon

• Health: Reinjury, long-term complications, or chronic pain
• Legal: Insurance companies may argue your injuries are not severe
• Workplace: Without proper documentation, disputes with HR or supervisors may arise

If necessary, discuss modified duties or remote work with your employer until you are fully cleared to return.

Typical Recovery Times

Every injury heals differently, but some general timelines include:

• Whiplash: 2–4 weeks (sometimes longer)
• Concussion or traumatic brain injury: weeks to months
• Broken bones: 6–8 weeks, longer if surgery is required
• Back and spinal injuries: several weeks to months, sometimes requiring surgery

Always follow your doctor’s treatment plan rather than relying on “average” timelines.

How Time Off Affects Your Compensation

In New York personal injury claims, lost wages are recoverable damages. The longer your doctor orders you to stay out of work, the more compensation you may be entitled to. Returning too early could harm your settlement by making it seem as though you were well enough to work sooner.

Key Takeaways

• Don’t rush back to work after an accident – your health comes first
• Always follow your doctor’s advice on recovery and work restrictions
• Keep thorough records of your medical treatment and employer communications
• Consult an experienced personal injury attorney to protect your rights and maximize compensation

Why Choose Greenstein & Pittari – NYC Accident Lawyers

• Offices conveniently located in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• No fee unless we win your case
• Bilingual legal support (English & Spanish)
• Hundreds of satisfied client reviews
• Recognized by Best Lawyers and Super Lawyers
• We deal with the insurance companies so you can focus on recovery

Don’t risk your health or your case. Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation today.