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.
Do I Need a Workers’ Compensation Attorney for an Overexertion Injury at Work?
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.
What Should You Do After an Overexertion Injury at Work in California?
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
What is the Typical Compensation for an Overexertion Injury Workers’ Compensation Claim in California?
While workers’ compensation claims will vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. These items can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
The more severe your damages are, the more your compensation you will typically receive. However, for a more specific amount, a workers’ compensation attorney can help you understand the value of your case.
Contact a Workers’ Compensation Claims Lawyer in California
If you or a loved one has been injured at work and have been under-compensated by workers’ compensation, the attorneys at Maison Law can get you the compensation you need. Workers’ compensation claims can be complicated matters, but our attorneys have years of experience of getting work accident victims the compensation they need. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we don’t get paid unless we win your case.
