Taking Time Off Work Due To Whiplash Injury
Nicholas Jervis, Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law
If you have sustained a whiplash injury as a result of a road traffic accident, as well as having to deal with the pain and suffering you may be worrying about whether you will have to take time off work due to your whiplash injury.
We will show you how a whiplash injury is actually caused, the main symptoms of a whiplash injury, why you may require time away from work because of your injury, whether you will get paid while off sick and whether you will be able to reclaim your loss of earnings.
Your Whiplash Claim Assessment
We can explain all of your legal rights on a free Whiplash Claim Assessment call.
A whiplash injury is usually, but not always, caused during the course of a road traffic accident where one vehicle collides with the rear of another vehicle. The impact of the collision causes the head and neck of the driver (and passengers), in the vehicle that has been hit, to be suddenly and forcefully thrown forwards and backwards causing the soft-tissue and ligaments in the neck to be stretched beyond their normal range of movement. The symptoms of a whiplash injury are often not immediately apparent and can take several hours, or even several days, to appear. You may start to experience headaches, pain and stiffness in your neck, shoulders and upper back, restricted movement, lethargy, nausea, dizziness and pins and needles.
What To Do Immediately Following A Whiplash Injury
As soon as you suspect that you may be suffering from a whiplash injury you should visit your GP or local Accident & Emergency department for medical advice. It is important that you follow this advice so as to aid your recovery. Your GP may prescribe painkillers and gentle mobility exercises and, for more serious and persistent whiplash injuries, a course of physiotherapy may be required.
If your GP is prescribing you with particularly strong painkillers then, depending on the type of work you do, you may be signed off from from work for a week or two until your symptoms start to reduce and you are able to stop taking the painkillers.
Where Does Reclaimed Sick Pay For Whiplash Come From?
You will usually have the opportunity to claim compensation for working days that you have lost to whiplash.
It is at your employer's discretion as to whether they will pay you in full while you are on sick leave or whether you will just receive Statutory Sick Pay. You should check the terms and conditions of your employment (in your employment contract) to see whether you are entitled to sick pay. If you do not get paid while off sick, your whiplash claim solicitor will be able to reclaim your earnings from the third party's insurance company, as part of your claim for 'out of pocket expenses'. Likewise, if you do get paid sick pay whilst on sick leave your employer may require your solicitor to recoup the money they have paid you during your absence. This will be recovered from the third party's insurance company.
It is not always necessary to take time off work due to a whiplash injury but if your GP advises you to do so then you should follow their advice and take comfort in the fact that any earnings you lose will be able to be reclaimed from the third party's insurer.
Already Received An Offer For Your Whiplash Claim?
There are many reasons that an initial offer may be too low. Insurance companies, solicitors who do not specialise in whiplash claims and overworked solicitors are just three of the factors that can contribute to a poor initial offer for your compensation claim.
If you are looking for a second opinion for your whiplash claim, click the link immediately below to take advantage of our unique service!
What Happens Next?
You will be contacted by one of our specialist whiplash claim solicitors. They will explain whether they are able to help you with your whiplash claim. If they can, they will then take care of everything else for you. Being specialists, they know that you have already had enough stress following your accident, so they will make the whole process as simple as possible for you from that moment onwards.
This will include completing paperwork for you, arranging free replacement car hire and medical treatment, and generally taking really good care of you.
Loyalty Law are able to offer a free of charge service and specially-selected, expert whiplash solicitors, as well as the unique Loyalty Law promise – approachable solicitors, no hidden costs, and excellent customer service.
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