Maison Law supports victims of work-related overexertion injuries in Bakersfield. If you or a loved one has an overexertion workers’ compensation injury claim, Maison Law can manage your claim and ensure you receive the maximum amount of benefits from your injury. Contact Maison Law today for a free consultation and case evaluation.
How a Bakersfield Overexertion Workers Compensation Lawyer Can Help
While workers’ compensation will provide up to 2/3rds of your salary pretax as temporary relief while you’re too injured at work, it may not be enough coverage. A Bakersfield Workers’ Compensation Lawyer can file a lawsuit against workers’ compensation to ensure you receive the following benefits:
- Medical expenses: coverage for medical care, which includes hospital treatment, surgery, prescription drugs, and orthopedic supplies
- Mileage reimbursement: reimbursement for travel to and from doctor visits and pharmacies
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Death benefits: if an unfortunate loss occurs, these benefits help families replace lost income if an employee dies from a work-related accident or illness
In addition to a workers’ compensation lawsuit, an attorney can file a lawsuit against the party liable for your injuries, depending on the details of your accident. Liable parties may include:
- Your employer
- The property owner
- A manufacturer, distributor, or retailer
- A Government Entity
- A Contractor
What are Overexertion Injuries?
Over-exertion injuries happen when you push your body beyond its limits. These injuries happen so often at work because we are typically trying to finish something when we’re tired, or we tend to perform the same physical motions day in and day for months without rest. Overexertion injuries tend to affect the following parts of your body:
- Muscles: strains and tears in muscles are common overexertion injuries, often affecting the back, shoulders, and arms
- Tendons and ligaments: overexertion can lead to tendonitis or ligament sprains, resulting in pain and limited mobility
- Spine: the spine is very vulnerable to overexertion injuries with the most common conditions being herniated discs, fractures, and chronic back pain
- Joints: overexertion can lead to joint injuries such as bursitis or arthritis
Common Signs of Overexertion at Work
According to Injury Facts, over one million overexertion injuries occurred in the workplace in the United States from 2021 to 2022. The reason there are so many overexertion injuries is that they can occur in any type of industry, whether it’s filing mail, lifting boxes, or moving pallets.
The most common industries where overexertion injuries occur include construction, healthcare, assembly work, warehouse operations, and trucking. These jobs require workers to be active and physically capable, so if an overexertion injury does occur, it can become pretty obvious based on work performance. The most common signs of an overexertion injury at work include:
- Losing your breath and the inability to speak without gasping for air
- Dizziness
- Sore joints and muscles
- Fatigue
- Dehydration
- Fainting
- Sharp pain or throbbing areas on the body
The most common tasks that lead to overexertion in the workplace include:
- Lifting, carrying, or moving heavy objects
- Working in an awkward physical position
- Working in hot environments
- Throwing objects
- Repetitive motions
- Bending and twisting
Health Implications of Overexertion
According to WebMD, overexertion is the third leading injury suffered by Americans. The most common overexertion injuries occur on the neck and back, which can be the direct result of chronic upper and lower back pain. Once you suffer an overexertion injury, you’re at high risk for re-injury, even after you have healed. For that reason, it is recommended to rest and take breaks when you feel you are being pushed beyond your physical limits. Overexertion can impact your life by:
- Forcing you to take time off work to heal
- Engaging in activities while experiencing pain
- Being less active due to long recovery periods and the risk of re-injury
Fortunately, there are many things you can do to prevent overexertion, which include:
- Warming up before physical activity by stretching your muscles
- Taking small breaks to reduce the amount of repetitive motion
- Lifting with proper technique to avoid stress on sensitive areas
What is the Overexertion Workers’ Compensation Claim Process in Bakersfield?
If you’ve suffered an overexertion work-related injury or illness in Bakersfield, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
Here are the recommended steps for filing an overexertion workers’ compensation claim:
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Contact a Bakersfield Overexertion Workers’ Compensation Lawyer
If you or a loved one has had their benefits terminated too early or been under-compensated by worker’s compensation after an overexertion injury, the attorneys at Maison Law can get you the legal help you need. Whether you’ve suffered permanent injuries, or have been denied medical treatment such as surgery or an MRI, our firm is prepared to exercise the full extent of the law to get you the maximum amount of benefits you’re entitled to. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a cent unless we win your case.
