Overexertion injuries are some of the hardest work-related injuries to obtain compensation for. Unlike many other occupational injuries that often occur with a sudden accident, many overexertion injuries take place over time, caused by seemingly painless tasks and job duties. Yet overexertion injuries are anything but painless. Despite this, obtaining compensation through California’s workers’ compensation system can sometimes be a difficult task.
Maybe your workers’ compensation claim has been denied. Or perhaps the benefits you’ve been awarded are nowhere close to fully compensating you for your medical bills and lost income. Either way, the Clovis workers’ compensation attorneys from Maison Law are here for you. To find out more about your legal options, contact us for a no-obligation case review and free consultation.
Overexertion Injuries and Workers’ Compensation
According to the U.S. Bureau of Labor Statistics (BLS), overexertion injuries are one of the leading causes of workplace injuries and missed work days. There are a multitude of reasons for this, from poorly designed job tasks to employers pressuring employees to work beyond their physical limits.
Common Symptoms of Overexertion Injuries
Overexertion injuries can be found in basically any work environment. They often take time to develop and are cumulative in nature, but are often found in healthcare, construction, warehouse, and trucking industries. The most common signs a worker has an overexertion injury from work include:
- Shortness of breath, especially when talking
- Dizziness
- Fatigue
- Sore muscles and joints
- Fainting
- Dehydration
- Throbbing pain, especially around joints
- Sharp pains anywhere in the body, especially the back
Common Causes of Overexertion Injuries
Below is a list of tasks that are more likely to cause an overexertion injury. One thing you’ll notice is that many of these tasks are often harmless, especially when only done by a worker for a short period of time.
- Tossing heavy objects.
- Working with one’s body in an awkward position.
- Lifting and carrying heavy objects.
- Any job task that involves repetitive motions, especially for hours at a time.
- Working in a hot environment.
- Completing job tasks that require twisting and bending the body, especially around the waist.
What To Do After Suffering an Overexertion Injury on the Job
If you plan on filing a workers’ compensation claim, the first thing to do is report your overexertion injury to your employer. You might need to let your boss or supervisor know, but there might be a designated representative to contact. You’ll also want to make plans to treat your injury.
If you don’t get treatment, you’ll continue to suffer and potentially even weaken your workers’ compensation claim. It’s harder to argue an injury is debilitating if you’re not taking proactive steps to treat it.
Because many overexertion injuries take place over time, such as hearing loss or tendinitis, you should report the injury as soon as you learn that your job caused the injury. Generally speaking, you’ll have 30 days from the date of this discovery to notify your employer.
After you inform your employer, they should give you a Workers’ Compensation Claim Form, or DWC 1. You’ll need to complete the “Employee” section as soon as you can and with as many details and facts as possible. After filling out this section, you’ll provide the DWC 1 to your employer. Your employer then fills out the “Employer” section before sending it to the workers’ compensation claims administrator.
Within 14 days, the claims administrator should let you know if your claim has been accepted or if further investigation is required. Don’t be surprised if they require additional investigation. This may include talking to you or coworkers, as well as asking for copies of your medical records. In some cases, you’ll need to submit to a medical exam with a Qualified Medical Examiner (QME).
You’ll also need to seek treatment for your work-related injury. In some cases, you can choose your own doctor, but you may instead have to see a doctor that’s part of your employer’s Medical Provider Network (MPN). This doctor will likely be your “primary treating physician” during the workers’ compensation claims process, and you can expect them to:
- Prescribe treatments and medications, as required.
- Identify the kinds of work you can do while you recover.
- Decide when or if you can return to your old job.
- Refer you to specialists, if necessary.
- Prepare medical reports to help determine what benefits you can receive.
- Manage your overall treatment.
Available Workers’ Compensation Benefits for Workers in Clovis
The exact workers’ compensation benefits you can receive depend on the severity of your injuries, but may include one or more of the following:
- Temporary medical care: Workers’ compensation can pay for medical treatments until your injuries have fully healed.
- Temporary disability: You can receive two-thirds of your pre-tax wages while you receive treatment for your overexertion injuries and miss time at work.
- Permanent disability: If your injuries are permanent, lifetime payments are possible, with amounts depending on the extent of your impairment, severity of your injury, and your income at the time of the injury.
- Supplemental job displacement: If your injury is permanent and requires modified job tasks that your employer isn’t willing to provide, you are entitled to a nontransferable voucher to help pay for additional skills or training to take on a new job.
- Travel expenses: The cost of getting to and from your doctor appointments and other treatment visits can be partially or fully covered with workers’ compensation.
- Death benefits: While not common, overexertion injuries leading to death do happen. If this occurs, the eligible dependents can receive up to $320,000, with up to $10,000 covering burial and funeral costs.
Filing a Lawsuit for Work-Related Injuries
In rare cases, you can recover compensation from responsible third parties for your overexertion injuries. To do this, you’ll need to file a personal injury lawsuit. If your case is successful, you could potentially recover three types of damages: economic, non-economic, and punitive.
Economic Damages
The point of these damages is to compensate you for the economic harm you suffer due to your overexertion injuries. Therefore, economic damages compensate you for things like:
- Lost income
- Medical bills
- Loss of future earnings
Non-Economic Damages
As the name indicates, these are for non-economic injuries suffered. Consequently, they’re subjective in nature and often hard to calculate because they’re psychological. The goal of non-economic damages is to compensate you for things like:
- Emotional distress
- Pain and suffering
- Loss of consortium
Punitive Damages
These are damages designed to punish defendants, not compensate plaintiffs. Accordingly, they’re not always guaranteed in personal injury cases. A court will award punitive damages only when the defendant’s conduct is especially egregious, such as an intentional or reckless act, as opposed to a negligent one.
Contact an Overexertion Workers’ Compensation Lawyer in Clovis
If you suffer an overexertion injury at work, you could face an extra difficult time obtaining workers’ compensation benefits. Employers and workers’ compensation insurance companies are often skeptical of these types of injuries, but that doesn’t make them any less real or debilitating.
Whether your overexertion injuries have led to permanent damage to your body, or a full recovery is possible, you may need to fight for full compensation. Maybe you’ve been denied medical treatment or your temporary disability payments are ending too soon. No matter what you’re facing, Maison Law’s workers’ compensation attorneys can help.
For a free consultation and no-obligation case review, contact us as soon as you can. The longer you wait, the harder it’ll be to seek recovery. And in certain cases, applying for benefits too late could prevent you from receiving anything at all. Don’t let this happen to you.
Clovis Overexertion Injury Workers’ Compensation FAQs
Am I allowed to sue my employer for my work-related injury?
In California, workers’ compensation benefits are the exclusive remedy for injuries that occur at work. That said, there are exceptions to this rule, such as your employer intentionally hurting you, not carrying workers’ compensation insurance, or knowingly hiding a dangerous condition that led to your injury. If a third-party is responsible for your injury, you may have a legal claim against them, even if you don’t against your employer.
How much time do I have to file a workers’ compensation claim?
In most circumstances, you have 30 days to report your injury to your employer. Missing this deadline could mean you’re barred from receiving workers’ compensation benefits.
Can I use my regular doctor to treat my overexertion injuries?
It depends. Generally, you have to seek treatment from a doctor in your employer’s Medical Provider Network (MPN). Seeing your regular doctor may be an option if you predesignate them before your injury.
