Unfortunately, it is almost inevitable that we will get in a car accident at some time in our live no matter how careful we drive. This is because it is impossible to control the actions of other people. Moreover, in addition to not being able to control the driving behaviors of other drivers, you cannot avoid the negative consequence of the accident, which may be severe. In addition to the financial harm caused by the accident, you may also physically and emotional harmed which may negatively impact every aspect of your life, including your ability to work. Once you are in a car accident in Ohio, it is recommended that you contact a Dayton Car Accident Lawyer.
If you are in a car accident, in addition to contacting an Ohio accident lawyer, you will need to address the impact on your job and find out how you can take the leave you need to take care of the fallout.
Notify your employer if you will need to be absent from work
Depending on the severity of the car accident, it may take time to deal with the fallout. This may include talking with your insurance company, getting quotes for car repairs, finding and buying a new car if your prior car is totaled, and getting a car to rent. And this gets worse if you are injured in any way. Because of your injuries, you may need to spend time in the hospital, have surgery, attend doctor appointments, and have ongoing rehabilitation needs.
Unfortunately, if you are employed, your work schedule may make it difficult to effectively deal with the car accident during off-work hours. For this reason, you may need to take time off from work, if possible.
To facilitate the leave, you should notify your employer as soon as possible about any time you will need to take resulting from the accident. This includes leave that is both foreseeable and unforeseeable.
Perhaps the most important notice you give your employer is if you will not be able to attend work at the time the accident occurs. It is recommended that, if the employee is unable to contact their direct supervisor, that they contact a manager or HR so that the company is aware. If you are still unable to contact someone from the company, you should send a text or email to your supervisor so there is a record that you attempted to contact them. Moreover, if you are not able to contact your employer, you should have someone else contact them on your behalf whether it be a family member, a friend, or a health care facility if you need medical attention.
Review your company’s leave policies
As soon as possible after you determine you will need to take leave from work to address matters related to the accident, you should read your company’s leave policies. By reviewing the leave policies, you will be better prepared to have discussions with your supervisor, manager, or HR about how to best plan and provide for your absences. If your employer does not have written leave policies, they may still permit the leave you need, but it may take you more effort to effectively advocate for it.
The type of leave policies you may find in your company’s employee handbook you may be able to use include vacation leave, sick leave, and/or paid or unpaid time off. When injuries are more severe and depending on the size of your employers, you may also be protected by the federal Family and Medical Leave Act (FMLA). Moreover, some companies offer employees with paid or unpaid short and/or long-term disability insurance which may permit an employee to take leave and receive wage-replacement payments while they are recuperating from their car accident.
Currently, Ohio does not require employers to provide employees with either paid or unpaid sick or other time off. Therefore, you will need to depend on the company’s written policies or established unwritten practices regarding time off.
Legal leave protections
There are no federal or Ohio laws that allow employees to take leave simply because they were in a car accident. However, there are federal laws that may provide leave protections if the car accident results in you having a temporary or permanent disability.
If a car accident results in you suffering a serious health condition, you may be able to take leave under the Family and Medical Leave Act (FMLA). To be eligible for FMLA leave, your employer must have 50 or more employees, and you must (1) have worked at least 12 months (which do not have to be consecutive) for the employer and (2) have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins.
If you are injured in a car accident while working, you will most likely be entitled to Workers’ Compensation protections which include both time off from work to recover and wage-replacement payments. In Ohio almost all employers are required to provide Workers’ Compensation benefits to their employees. If you are injured while on the job, you must notify your employer as soon as possible so that a Workers’ Compensation claim can be started.
Conclusion
Being in an accident can significantly disrupt your life, including your job. Taking time to be prepared for that possibility is important. Understanding your company’s leave policies and federal and Ohio leave laws now will help reduce the stress a car accident will bring.
