QuestionMy question is I was hired by a tenp agency to start a job at a manufacturing company in my local area. The temp agency gave me a test and a drug screening for this position that they were filling for this company. The job was an afternoon job that was starting on June 7th, but I had to take one more test at the job site on the morning of June 7th before I could start that same afternoon. While on my way to the job site the morning of June 7th to complete my final test so I could began working that same afternoon, I was hit by a vehicle who was charged with failure to yield the right of way to oncoming traffic. My car was totalled in the collision and I was also unable to complete my final work test and began working that afternoon due to my injuries. Am I eligible for wage loss in my claim since I had not officially began working? The adjuster is trying to claim that I may not have a wage loss claim.
AnswerTough situation, Kevin. I would go and take the test NOW, ASAP.
If you can show that you would have passed the test, then YES, I would fight for a wage loss, at least for six months of wages.
If you cannot take the test now, then the problem is that your proof is speculative. Damages cannot be proven by speculative inferences. It is the plaintiff's duty to prove damages, and the law books are filled with examples where the victim is unable to offer proof without asking the court to speculate. Hence, his testimony on speculation will not be admitted into evidence.
That is why I want you to be able to demonstrate that you COULD HAVE PASSED THAT TEST. Even if you cannot take the test, then have the company write a short note that tells how you WOULD HAVE BEEN HIRED BUT FOR THE ACCIDENT. It will be a lot easier to prove your claim with the letter from the prospective employer. Be sure to include both the wages and the guaranteed minimum term of employment (if any).
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
