When you are a nurse’s aide, paramedic, truck driver, grocery store employee, or construction worker, you are among the millions who lift and hoist people or carry and pull materials on the job. When you perform these actions daily, you risk suffering injuries from overexertion. After wrenching your back, paralyzing you with pain, what should you do?
Seek immediate medical help and alert your supervisor when an accident happens. You may have coverage under California’s workers’ compensation system because employers must purchase this insurance to cover your medical bills and wages while recovering. Although you do not have to prove anyone was negligent, an administrator can deny your workers’ compensation claim unless you show your injuries are work-related. A Visalia overexertion injury lawyer is skilled at preparing a claim with proper evidence.
According to the U.S. Department of Labor, overexertion represents 22 percent of all nonfatal workplace injuries requiring time off. It is second only to exposure to harmful chemicals or environmental toxins. Lifting heavy objects ranks first among overexertion injuries, accounting for 53 percent, while 52 percent of all injuries are to the employee’s back.
The resulting injury is generally a sprain or strain involving ligaments that unite bones, such as in the knee or elbow. Ligaments, tendons, and muscles can stretch, tear, or rupture, causing pain from mild to excruciating, immobility, and loss of function, much of which requires surgery to correct. A Visalia lawyer will study medical reports and circumstances surrounding an overexertion injury to assist with filing for workers’ compensation.
An employee must report a workplace injury within 30 days. The insurance company may deny a late claim. A person should report injuries that develop over time as soon as a physician diagnoses them. Employers must provide claim forms within a day after an accident. An employee must consult their physician for a diagnosis that corroborates the injury is work-related.
An employee fills out the employee-designated section of the claim form. An employer completes the form and submits it to the insurer, who will issue a status report on claims within 14 days. Meanwhile, employers authorize up to $10,000 for employees’ medical treatment, cutting any wait periods so employees can get additional medical treatment quickly while the claim is under delay up until the denial date. Claims that do not satisfy administrators will be denied within 90 days, which an overexertion injury attorney in Visalia could appeal.
State workers’ compensation insurance provides benefits for short and long-term absences from work and even benefits to families when workers die from their injuries. These benefits include:
A skilled overexertion injury lawyer in Visalia could help a person understand their workers’ compensation benefits, apply for them, and fight back if the insurer denies a claim.
All it takes is one moment to twist wrong while balancing a carton or catching a falling patient, which throws your back out or sprains a knee. The state requires your employer to cover your losses after workplace accidents. Your medical treatment and wages will continue, which is the right way to treat employees.
You have responsibilities to access these benefits. You must report the accident, consult your doctor, file a claim, and answer any ancillary questions the claims administrator asks. The process can feel overwhelming when you are in pain. A Visalia overexertion injury lawyer could lighten your burden and advocate for your rights. Schedule a consultation now.
