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Overexertion Injury Lawyers in New York City
Workers sustain injuries while doing their job all the time – and more often than they should. While you might think of traumatic accidents when the topic of work injuries arises, many injuries can occur because of repetitive motions and overexertion. An overexertion injury typically happens over time, but it doesn’t make the injury any less severe. Many of these types of injuries have serious consequences, putting people out of work for weeks, months, years, or even forever.
If you were injured on the job due to overexertion, you might be entitled to collect workers’ compensation benefits or other compensation. The sooner you talk to overexertion injury lawyers in New York City, the better chance you have of obtaining those benefits.
The attorneys at Morgan & Morgan can discuss your options with you so you can make the best decision and receive the monetary compensation you’re entitled to. Contact Morgan & Morgan today for a free consultation.
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What Is an Overexertion Injury?
You’ve probably heard the term overexertion injury or repetitive motion injury, but it’s a good idea to know exactly what it means and what some common examples are. An overexertion injury is one that occurs as a result of performing a task that’s beyond what your body can physically handle. For example, having to lift incredibly heavy boxes as part of your job. If you try to lift a box that you just don’t have the strength to lift, you could end up seriously hurting yourself. Overexertion injuries can occur when a worker doesn’t follow instructions, when working conditions aren’t safe, and when a worker is trying to meet unrealistic expectations set by an employer.
Other common examples of tasks that cause overexertion injuries include pushing or pulling heavy boxes and crates, carrying heavy items for long periods of time, remaining in uncomfortable and awkward positions for long periods of time, performing repetitive motion tasks without appropriate breaks, and performing tasks in poor working conditions and without the appropriate machinery.
How Do Employers Contribute to Overexertion Injuries?
Overexertion injuries are unsurprisingly common, but you might be wondering how an employee contributes to this. Isn’t it just an unfortunate incident that occurs? In some cases, yes. However, in many cases, the work environment and required tasks are a direct cause of overexertion injuries. When employees are forced to work without an appropriate break, this can easily lead to severe injuries. When performing continuous lifting, pushing, and other difficult tasks, a person needs to take a break. Many employees are rightfully concerned about losing their jobs if they don’t do what their boss says, so they perform these tasks without a break and end up injured.
Additionally, many employees are forced to perform tasks without proper training. There might be machinery that helps with some of the tasks that an employee wasn’t trained to utilize, causing them to exert far more power and energy than they really need to. It’s also common for workers to be required to perform tasks that are simply beyond their physical abilities. The need for a paycheck often overrides an employee’s reasoning skills in the moment, so it’s easy to see why this would lead to overexertion injuries in the workplace.
What Should I Do After an Overexertion Injury?
If you were injured in the workplace as a result of overexertion, you might be wondering what to do next, especially if you’re unable to work and aren’t able to collect a paycheck. In most cases, your best bet is to file for workers’ compensation benefits. This can be a complicated process, and it’s always in your best interest to speak with a skilled and experienced attorney.
You might think filing for workers’ compensation on your own is no big deal, but many workers’ compensation insurance companies make it incredibly difficult to obtain the benefits that you’re entitled to. Anytime you work with a lawyer, an insurance company will take your claim more seriously and is less likely to deny your claim for frivolous reasons.
Even if you contact a lawyer at some point, it’s important to know some basics about workers’ compensation laws in New York City so you don’t miss out on your chance to file a claim.
Seek Medical Attention
The first thing you should do after suffering an injury at work is to seek medical attention. This should be done as quickly as possible. Not only is it important to make sure that you aren’t severely injured and to receive appropriate treatment if you are, but it’s also going to be the most important aspect of your workers’ compensation claim. Some injuries are immediate, so it’s obvious that you need to seek medical attention. Some injuries are more subtle and progress over time. It’s important to always be aware of your pain and take it seriously. Whenever you first start noticing pain as a result of a work task, you should seek medical attention, even if you don’t think it’s that serious. Obtain all medical records when possible and keep track of expenses.
Notify Your Employer
The next thing you must do is notify your employer of the injury. If you don’t do this within the specified timeframe, you won’t be able to collect any worker’s compensation benefits. You should always contact your employer immediately, but it must be done within 30 days of your injury. This notification should be done in writing.
Don’t Miss the Workers’ Comp Deadline
In addition to the deadline to notify your employer, you must also file your workers’ compensation claim by a certain deadline as well. In New York City, you must file your claim within 2 years of the injury. If you haven’t already spoken with overexertion injury lawyers in New York City, it’s at this point that you should definitely consider contacting one so they can assist you in filing your claim.
Preliminary Medical Report
Within 48 hours of seeking medical attention, the doctor you saw is required to complete a preliminary medical report, detailing your injuries and a potential treatment plan if one has been established. You should stay on top of your doctor to ensure this gets done.
After this, the workers’ compensation insurance company will make a decision on your claim. If your claim is approved right away, you will start receiving benefits that are owed to you. If the claim is denied, you need to decide what to do next. The next step for you might be an appeal of the decision so you can try again to receive the benefits you think you’re entitled to. Again, this is a step that should always be handled with the assistance of experienced overexertion injury lawyers. This appeals process will be the difference between receiving monetary compensation and receiving nothing.
What if the Injury Was Partially My Fault?
In most cases, you will be eligible to receive workers’ compensation benefits even if the injury that occurred was your fault. The purpose of workers’ compensation is to provide benefits to employees based on a no-fault system. However, there are some exceptions to this.
If you were injured at work because you were fighting with someone or horseplaying, your claim will almost certainly be denied. This isn’t to say that if you were in a fight, you are never eligible for benefits. If you weren’t the aggressor and had to defend yourself, you could still be eligible to obtain workers’ compensation.
Another exception to workers’ compensation benefits is intoxication. If you are at work and are under the influence of a substance, you likely won’t be able to collect any benefits. This would usually occur if drugs or alcohol were detected when you sought medical care, or if your employer knew that you were under the influence and reported it.
If your injury is intentionally self-inflicted, you won’t be able to collect any benefits. This issue usually arises if your employer reports that your injury was a result of this type of intentional behavior. Keep in mind that your employer is required to prove this claim; the burden of proof is on them, not you.
While there are clearly exceptions, you should file your claim no matter what. Overexertion injury lawyers in New York City can help you with every step and give you the best chance of success.
What Are the Most Common Overexertion Injuries?
The most common types of overexertion injuries include the following:
- Back Injuries. Back injuries are one of the most common types of overexertion injuries that occur in the workplace. Back injuries typically include mild strains, injuries to discs, and in some cases, severe spinal cord injuries. Some back injuries can be resolved by rest or physical therapy. Others will unfortunately require surgery.
- Neck Injuries. Neck injuries occur often through overexertion. Neck injuries are all incredibly serious and can sometimes require surgery. If your neck hurts while you are working, you should take notice of it and take a break or stop what you’re doing before it gets worse.
- Muscle Strains. Muscle strains are also incredibly common and frequently occur due to lifting, pushing, and pulling tasks. You might not consider a muscle strain a serious injury, but it can be very debilitating, especially if you don’t rest and treat it properly. You could end up out of work for a long time due to a muscle strain.
Contact Morgan & Morgan Today
All work-related injuries that cause an employee to take time off are devastating, as most of us need that money to put food on the table and help take care of our families. Speaking with overexertion injury lawyers in New York City as soon as your injury happens is the best way to make sure you receive the compensation you deserve. The attorneys at Morgan & Morgan represent clients who have suffered an injury as a result of on-the-job overexertion. We will always help to obtain the best possible outcome, whether that means settling the case or litigating it in court if necessary. We handle all aspects of the workers' compensation claim, so all you have to worry about is healing.
We know how important it is for you to receive compensation while you’re unable to work, and we will try to make this happen as quickly as possible. Contact Morgan & Morgan today for a free consultation.