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 manage your claim and take legal action against workers’ comp if necessary to make sure you are taken care of. So, whether your coverage is inadequate or outright denied, our attorneys are standing by to help you take the necessary legal steps to ensure you receive your workers’ compensation benefits.
Contact Maison Law today for a no-cost, no-obligation consultation.
Do I Need a Madera 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, contact Maison Law for a free case review and discover what legal options are available to you.
If you decide to take legal action, 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 Madera?
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.
What are Overexertion Injuries?
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
Common Signs of Overexertion at Work
According to Injury Facts, over one million overexertion injuries occurred in the workplace in the United States from 2021 to 2022. The reason there are so many overexertion injuries is that they 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
Contact a Madera 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.
