Should a TBI Patient return to work even if a lawsuit is still going on?

Traumatic brain injuries (TBIs) have many different cognitive, physical, and emotional effects that can significantly impair a patient’s ability to perform job duties. For this reason, a patient may have to take time from work while the brain injury recovers. If a patient has missed work due to a TBI and is pursuing a legal claim against the responsible party, it is common to wonder whether or not the patient should return to work while a lawsuit is still pending.

How Timing of Returning To Work Can Affect The Value Of a Case

The amount of work – and income – a patient misses as a result of a TBI can have a direct impact on the overall value of the lawsuit. The following are some examples of recovery in different timelines for returning to work:

The patient is able to return to work immediately after the accident. — The patient will not be entitled to any compensation for lost income or benefit.
The patient missed some work, but has returned before the lawsuit is over. — The patient will be entitled to the income, overtime, and benefits that he or she during the time that was missed.
The patient is still not working but hopes to return to his or her position in the future after the lawsuit is over. — The patient can recover for the income he or she has already missed and for the estimated future wages and benefits lost for the period of time he or she expects to be off work.
Due to impairments, the patient will not be able to return to his or her previous job but he or she may be eligible for a lesser-paying position. — The patient deserves compensation for past lost wages and the estimated difference between his or her past earning potential and his or her earning potential following the brain injury.
Due to brain injury-related disability, the patient can never return to work. — The patient can recover for income already lost, as well as the estimated total of the income, benefits, and other compensation the patient would have received over the course of his or her career.

Though the recovery amount can increase if the patient misses more work, he or she should never miss work unnecessarily to try to obtain more compensation. TBI patients are often accused of exaggerating their symptoms and, if the jury believes a patients purposely extended his or her work hiatus, it can hurt the case.

Listen To Your Doctors

There is no one answer to this question, as your ability to return to work depends on the opinion and guidance of your medical providers. If they believe you should return to work, doing so will not necessarily harm your chances of recovering for your true losses.

Consult with a Baltimore or Washington D.C. Brain Injury Lawyer at The Casper Firm as Soon as Possible

The most important part of your recovery from a traumatic brain injury is that you have skilled medical professionals keep track of your progress and giving you advice on your limitations and capabilities when it comes to returning to work. At The Casper Firm in Baltimore, we handle all types of brain injury claims whether you have returned to work already or you are unable to ever work again. Please call our office for a free consultation with an experienced brain injury lawyer today.