Maison Law advocates on behalf of workers injured from overexertion in Salinas. Overexertion is common in any manual labor job, but it is possible to sustain mental overexertion injuries, such as becoming mentally stressed, anxious, or fatigued from your work. If proper breaks or periods of rest are not taken, then workers can find themselves overworked and suffer costly injuries.
If you or a loved one has suffered an overexertion injury at work, the Workers’ Compensation Attorneys at Maison Law can help. We connect injured workers with immediate medical attention while managing their workers’ compensation claims to ensure they receive proper medical coverage and financial compensation.
If you have any questions, our door is always open. Contact Maison Law today for a no-cost, no-obligation consultation.
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 their damages. If you find yourself at a loss after or while receiving workers’ compensation benefits, the attorneys at Maison Law can help you navigate the legal intricacies of workers’ compensation claims. 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.
How Can A Salinas Overexertion Workers’ Compensation Lawyer Can Help Me?
In Salinas, 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 Salinas?
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.
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
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
Job Protection While on Workers’ Compensation in Salinas
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.
Contact a Salinas Overexertion Workers’ Compensation Lawyer
If you or a loved one has had their benefits terminated too early or been under-compensated by workers’ compensation after an overexertion injury, the attorneys at Maison Law can get you the legal help you need. Whether your injuries have become permanent or you’ve been denied medical procedures such as surgery or an MRI, our firm is prepared to exercise the full extent of the law to get you the benefits you need to get your life back on track after a work-related injury.
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.
