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You should return to work when your doctors release you to do so. You have a duty to mitigate your damages in California, which means that if you are able to work, even with limitations, you should do so. If you unreasonably delay your return to work, the defendant may be able to avoid having to pay your lost earnings because you failed to mitigate those damages.
Usually, returning to work and feeling productive again can be cathartic and helpful in reducing the inevitable depression that many brain injured victims experience. Unfortunately, the effects of a brain injury can be so profound that a person may no longer be physically or mentally capable of performing the same pre-injury job.
Experienced counsel will have your cognitive impairment measured by neuropsychological testing and your ability to return to the same or similar employment by a qualified vocational rehabilitation counselor.
DISCLAIMER: This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact John M. O’Brien & Associates at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).