Overexertion Workplace Injury Lawyer
Most people feel exhausted at work sometimes. However, overexertion is dangerous. When employees strain their bodies, they can be seriously harmed. An employee who is pushed to the limit is more likely to have a workplace accident. Talk to a overexertion workplace injury lawyer at Joel Bieber firm and get free consultation.
It’s important to note that your employer’s workers’ compensation insurance covers workplace injuries. In addition, it covers illnesses you develop through frequently overexerting yourself at work.
Dedicated Workers’ Compensation Attorneys Fight for Your Rights
Some jobs place more physical strain on a worker’s body than others. Physically demanding jobs like nursing, construction, and manufacturing are more likely to cause injuries than desk jobs. Workers in these careers can get hurt even with the best safety rules in place.
Your employer’s workers’ comp policy should cover your medical care after an overexertion injury. Sometimes, though, employers fight valid workers’ comp claims. Some employers minimize how badly you are injured. Or perhaps the employer will allege you were not hurt on the job. It may claim you did something outside of work to injure yourself.
A workers’ comp lawyer can help you get coverage for your overexertion workplace injury.
What Is Overexertion?
Overexertion means you pushed yourself too hard and got hurt. How you might get an overexertion workplace injury depends on what your job requires you to do. Common types of overexertion injuries are as follows:
- Lifting heavy objects too many times or improperly
- Standing and walking for long periods
- Doing the same physical task over and over (repetitive motion injuries)
- Pushing or pulling heavy items
Generally, straining to complete a physical task without the proper support can easily lead to injury. However, many workers injure themselves in other ways besides these.
Common Kinds of Overexertion Injuries
Because some jobs require so many different tasks, workers become injured in many ways. Common overexertion injuries include the following:
- Joint and tendon damage
- Back and neck injuries
- Knee injuries
- Muscle strains and sprains
- Twisted ankles
- Heat exhaustion
Recovery from an overexertion workplace injury can take weeks or months. Even with the best care, a full recovery isn’t guaranteed.
Workers Face Many Challenges Filing an Overexertion Claim for Workers’ Comp
In some cases, an overexertion workplace injury develops slowly. Over time, the damage worsens. Eventually, the employee’s physical abilities become hindered.
In other cases, such as heatstroke or a muscle tear, the injury appears right away.
The first hurdle to getting workers’ comp benefits is proving that your injury occurred because of your job duties and not from another cause. This step is important because workers’ compensation must pay for medical bills resulting from workplace injuries. If your employer believes your job duties didn’t directly cause your injury, it could fight the claim.
For example, suppose an employee filed an overexertion workplace injury claim for a strained back. But in response, the employer claimed that the employee’s frequent weightlifting routine caused the injury.
In this case, documenting the workplace strain can improve the employee’s chances of claim approval. First, they should visit a doctor to diagnose the overexertion workplace injury. Then, they must follow all recommended directions for treating the injury.
In addition, the employee can keep a pain journal. In the pain journal, they will log when the injury prevents them from completing work duties. They can also log their pain on a scale of 1 to 10.
Your Legal Options if Your Workers’ Compensation Claim Is Denied
Insurers deny workers’ comp claims for many reasons. In cases of overexertion workplace injuries, the denial is often based on the injury being a pre-existing condition. Other times, the employer may assert that the injury didn’t happen at work.
If the insurer denies your workers’ comp claim, you may pursue an appeal to collect compensation. Before your appeal, it is a good idea to call a lawyer. Consider asking for legal advice if one of these situations happens to you:
- The insurer won’t compensate you for your medical bills
- You cannot get the treatment you need
- The insurance company asks for documentation that you don’t have
- You receive a notice of claim denial
- The workers’ comp board in your state schedules a hearing for your case
Bear in mind that you don’t need a lawyer to attend a workers’ comp hearing. However, an attorney can make the process go more smoothly. One reason for this is that a lawyer understands how to properly draft an appeal. The lawyer will then argue the appeal before the board.
Workplace Injury Damages Available in an Overexertion Workplace Injury Suit
Employers must take steps to protect workers in physically demanding jobs. So if the employer fails to create safe working conditions, they are responsible for your injuries. But in most cases, you cannot sue your employer for a workplace injury, even if it was due to negligence. You must pursue compensation through the workers’ comp system.
However, workplace injury lawsuits can hold negligent third parties accountable. If someone besides your employer caused your injury, you might file a personal injury lawsuit to seek damages. These damages should cover your financial losses after your injury, such as:
- All medical treatments and surgeries
- Medication or durable medical devices to help you heal
- Wages from time missed at work
- Compensation for pain and suffering
- Compensation for the reduction in your quality of life
Your attorney fights for a workplace injury settlement that covers your losses in full.
Do You Need Help with an Overexertion Workers’ Comp Claim?
Have you suffered an overexertion workplace injury? Is your employer fighting a valid workers’ comp claim? Contact The Joel Bieber Firm today for a free consultation about your case. We represent injured workers like you. We can also appeal a denied workers’ comp claim on your behalf.