Maison Law represents victims of overexertion injuries at work in California. Workers’ compensation through your employer is designed to provide medical and financial coverage after you’ve been injured at work. But what if workers’ compensation does not provide enough support? The workers’ compensation attorneys at Maison Law can help you obtain maximum compensation for the damages done to your life by a work-related accident. Contact Maison Law today for a free consultation and case evaluation.
How a Workers’ Compensation Attorney Can Help Injured Workers
Employers have a responsibility to protect their workers, especially when it comes to physically demanding jobs. According to the U.S. Department of Labor, from 2021 to 2022, overexertion injuries resulted in more days missed at work than any other injury with over one million cases during that period.
Many workers across the United States feel pressure from their employers to keep working beyond their physical capabilities, leading to overexertion injuries, and time away from work. While workers’ compensation can provide temporary relief for injuries and lost time at work, it may not be enough if your injuries are severe or have a major impact on your daily life outside of work.
A workers’ compensation attorney can file a lawsuit against your workers’ compensation provider to ensure you are compensated to the full extent of your damages. These damages include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
While workers’ compensation can be beneficial to injured workers, it may not comprehensively cover the full extent of your damages. If you find yourself at a loss after or while receiving workers’ compensation benefits, an experienced workers’ compensation attorney can help you navigate the legal intricacies of workers’ compensation claims and get you the compensation you need. It is important to remember that you are not suing your employer when you file a workers’ compensation lawsuit, so taking legal action will not affect your employment status or relationship with your employer.
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Workers’ Compensation Lawyers are here to discuss the details of your incident at no cost to you. Our firm will evaluate if you have an injury claim and the next steps you should take, free of charge. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact Maison Law today for a no-cost, no-obligation consultation.
What to Do After an Overexertion Injury at Work
The first thing you should do after an overexertion injury at work is report the injury to your employer. Make sure your supervisor or someone in management knows as soon as possible. If your overexertion injury develops gradually such as tendinitis or hearing loss, you should also report it as soon as you believe your work is the cause 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.
Next, you should fill out a workers’ compensation claim form. Your employer is obligated to give or mail your a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your overexertion injury. You should fill out this form and return it to your employer as soon as possible to avoid possible problems with your claim.
After submitting your claim, it is essential to get good medical care for your overexertion injury. You should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
Common Signs of Overexertion at Work
Overexertion injuries 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
Benefits You Can Receive for a Workers’ Compensation Claim
In California, injured workers have the right to medical treatment for overexertion injuries sustained on the job. Benefits provided by workers’ compensation include:
- 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.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- 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.
- Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
- Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
- Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.
FAQ
Can I sue my employer for a work injury?
Generally, no. Workers’ compensation is the exclusive remedy against your employer. However, in rare cases involving gross negligence, intentional harm, or third-party liability (e.g., a defective machine or negligent contractor), additional claims may be possible.
How long do I have to file a claim?
You must report the injury to your employer within 30 days. The insurance company then has up to 90 days to accept or deny the claim. Missing deadlines can jeopardize your benefits, so early legal guidance is important.
Can I choose my own doctor for treatment?
In most cases, treatment must come from a doctor within your employer’s Medical Provider Network (MPN). However, you may be able to see your personal physician if you properly predesignated them before the injury, or in certain other situations. We can help you understand your options and fight for appropriate care.
Contact a Clovis 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.
