Maison Law represents victims of overexertion injuries at work in Fresno. 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 cover all of your losses? The workers’ compensation attorneys at Maison Law can help you obtain maximum compensation for the damages done to your life. Contact Maison Law today for a free consultation and case evaluation.
What is an Overexertion Work Injury?
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
How a Fresno Overexertion Workers’ Compensation Lawyer Can Help
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 support, especially if your injuries have a major impact on your daily life.
A Fresno Workers’ Compensation Lawyer can file a lawsuit against your workers’ compensation provider, as well as any liable party who contributed to your injury, to ensure you are compensated to the full extent of your damages. These damages can 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
It is important to remember that you are not suing your employer when you file a workers’ compensation lawsuit. Taking legal action will not affect your employment status or relationship with your employer as it is against California law.
Job Protection While on Workers’ Compensation in Fresno
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Common Signs of Overexertion at Work in Fresno
Overexertion injuries can occur in any type of industry in Fresno, 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, according to Tritech Safety & Training. 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
Contact a Fresno 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 help. 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 expert workers’ compensation counsel, 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.
