Overexertion injuries are one of the most common workplace injuries, but many people consider that twinge or sore muscle just part of the job. Unfortunately, that dismissed injury can have a long-term impact on one’s health. Anyone injured while at work should seek medical attention. They should also contact a Victorville overexertion injury lawyer to discuss filing a workers’ compensation claim.
Overexertion injuries happen when we push our bodies too hard, such as lifting heavy objects or stretching to reach an item. Overexertion injuries can occur while sitting, standing, or lifting without frequent breaks. Examples of work-related activities that could result in an overexertion injury include the following:
Overexertion injuries strain the exoskeletal system, ligaments, and tendons. How they manifest depends on the individual, their medical history, and their work environment.
An employee who suffers an overexertion injury should seek medical attention immediately and file a claim with their employer using the state’s DWC-1 form. They should follow medical advice and keep all appointments.
Insurance carriers often challenge overexertion claims because they believe:
Without comprehensive medical documentation, pursuing compensation can be difficult. Insurers can claim that injured workers contributed to their injuries by failing to keep appointments or follow medical instructions. They may also assert that the employee did not follow proper procedures for lifting or moving items. An experienced Victorville attorney could help collect evidence to support an overexertion injury claim.
Workers’ compensation covers immediate and ongoing medical treatment by an authorized provider. It also covers medical expenses such as doctor visits, hospital stays, medical tests, and rehabilitation therapy.
Employees who miss work due to an overexertion injury may receive compensation for lost wages. They can receive up to two-thirds of their average weekly wage up to the state-established limits until they return to work.
If an overexertion injury results in temporary or permanent disabilities, the compensation may include ongoing medical expenses and temporary disability until maximum medical improvement (MMI) is reached or the maximum number of weeks has been reached.
MMI is when a medical professional determines that the overexertion injury will not improve with added treatment. If the injury results in lasting impairment, employees are entitled to permanent disability benefits.
Sometimes, insurance companies and injured parties disagree on when MMI is reached. A knowledgeable overexertion injury lawyer in Victorville could advocate for the maximum possible compensation.
Frustration is an emotion that injured workers often experience as they navigate recovery from overexertion injuries. Treatment plans may not offer immediate relief, and insurance carriers may challenge their claims. Consider speaking with a Victorville overexertion injury lawyer to help navigate the workers’ compensation system to receive the best possible outcome.
