Maison Law advocates on behalf of workers injured from Overexertion in Los Angeles. If you or a loved one has suffered an overexertion injury at work, the Workers’ Compensation Attorneys at Maison Law can manage your claim and maximize your compensation. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Los Angeles Overexertion Workers Compensation Lawyer?
A lawyer can be beneficial in numerous ways if you’re dealing with an overexertion workers’ compensation claim. If your injury requires multiple doctor visits or surgical procedures, your claim can be denied. A Workers’ Compensation Lawyer will manage your claim and ensure you receive all the benefits you’re entitled to.
Overexertion injuries often have long-lasting effects on your health, finances, and quality of life. And workers’ compensation will only be looking to cover as little amount of damages as possible. An attorney will hold workers’ compensation responsible for continuing to pay your temporary or permanent disability, as well as all your medical bills.
How Can A Los Angeles Overexertion Workers’ Compensation Lawyer Can Help Me?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer, but a lawyer can provide you with legal support in the following workers’ compensation scenarios:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
What Benefits Can I Receive for an Overexertion Injury Workers’ Compensation Claim in Los Angeles?
If you’ve been injured due to overexertion, you have the right to numerous benefits, depending on the severity of your injury. Benefits provided by workers’ compensation may 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 your treating physician has released you, 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.
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
How to File an Overexertion Workers’ Compensation Claim in Los Angeles
If you’re injured on the job, you should tell your manager or immediate supervisor about the injury. While making them aware of your work-related injury is a necessary first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to begin receiving workers’ compensation benefits in California:
- Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- 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 the benefits you may receive.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to one of our Workers’ Compensation Attorneys at Maison Law. We’re here to help victims who have been injured at work, so there is no charge to discuss your case with one of our attorneys today.
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 Los Angeles Overexertion Workers’ Compensation Lawyer
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 in protecting injured worker’s right to compensation. 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.