Overexertion Injury Lawyers - morgan and morgan
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Overexertion Injury Lawyers

Overexertion Injury Lawyers

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Overexertion Injury Lawyers

Overexertion injuries are some of the most common workplace-related injuries in the United States. Unfortunately, many workers do not realize that they may be able to file a claim following an overexertion injury until it is too late. On the other hand, some downplay such injuries thinking that it is part of the job. As a result, they face even more serious injuries in the long run, affecting their quality of life in many ways.

If you or your loved one has been injured due to overexertion in the workplace, Morgan & Morgan overexertion injury attorneys may be able to help. But before we discuss exactly how our attorneys may be able to help, here is everything you need to know about this injury.

What Is Overexertion? 

In simple terms, overexertion is when you push yourself too hard physically. Many jobs, especially those requiring manual labor, can lead to overexertion injuries. For this reason, it is usually the employer's responsibility to protect their workers against such injuries. The employer does this by promoting a safe work environment, which includes providing safety equipment. 

But the truth is that some employers do not care much about their employees, while others are simply negligent. This is why it is important to hold them accountable for their actions or inactions if you or someone you care about has suffered overexertion injuries. 

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FAQ

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  • Which Are Common Signs of Overexertion?

    Since overexertion usually occurs when you push yourself beyond a certain limit, it is easy to mistake it for normal fatigue after a long, hard day at work. This kind of injury can occur in any work environment but mostly in those that require manual labor. Workers in the construction, trucking, and warehousing industries report some of the highest cases of overexertion in the United States.

    Here are some of the most common signs of overexertion to watch out for:

    • Constant loss of breath
    • Dizziness
    • Sore joints and muscles
    • Fatigue
    • Fainting
    • Dehydration
    • Sharp pain in certain body parts
    • Muscle cramps
  • What Are Overexertion Risk Factors?

    We mentioned that overexertion occurs in almost every workplace. However, one thing you need to know is that you do not have to work a physically demanding job to suffer this injury. To put things into perspective, the following are some of the most common risk factors for overexertion. 

    • Repeated sitting and standing
    • Throwing objects
    • Lifting, pulling or carrying a heavy object
    • Repeatedly sitting and standing
    • Using certain tools and equipment for prolonged periods
    • Repetitive motions 

    Common Injuries Caused By Overexertion

    Overexertion causes a wide range of injuries in the workplace. Some of the most common injuries include: 

    Back injuries: Mostly caused by lifting heavy objects, severe back pain might require surgery and other complex medical procedures. 

    Knee injuries: Some most common causes include pulling, carrying, and lifting heavy objects, repeated sitting and standing, and other repetitive motions that put extra weight on the knees. 

    Heatstroke: Occurs when working in hot conditions

    Muscle strain or sprain: Caused by lifting, pulling, or carrying heavy objects. 

    Tendon and joint injuries: These injuries are often associated with jobs that require intense manual labor. 

    Neck injury: Occurs by exerting pressure on the head and neck muscles.

  • When Is Your Employer to Blame for Your Overexertion Injuries?

    Sometimes, it may be necessary to hold an employer responsible for such injuries. Here are a few examples of such scenarios. 

    Employees are entitled to breaks at certain intervals, usually depending on their line of work. In addition, employment laws require employers to allow employees to take breaks between shifts. So if you got injured because your employer required you to work long hours without taking breaks, you may be able to file a claim against them. 

    Employers are also required to train their employees before assigning them certain responsibilities. For example, if the job requires the employees to use special equipment, employers must provide training for new workers. This training is done to minimize the chances of injuries in the workplace. 

  • What Can I Do if I Get Injured Due to Overexertion? 

    Now that you know what an overexertion injury is, it is equally important to know what to do if you or someone you care for suffers this injury. In most cases, when an individual suffers an overexertion injury, they may need to spend time away from work to recuperate. Unfortunately, this means losing wages and spending a lot of money on medical bills and other related expenses. 

    For this reason, you will need to file a workers' compensation claim to recover the money you spent during the recovery process. However, your claim might be denied if you do not follow the correct procedures after the injury. Here are some tips to guide you:

    Seek Medical Attention 

    Seeking medical attention is the first and most important thing to do after getting injured due to overexertion. Your doctor will examine the nature of your injuries and determine the best treatment possible. This step also allows the doctor to test for other potential health conditions that could arise from the injury. As a result, you will better understand the kind of treatment you need and how long it would take to recover, among other vital details about the injury. 

    Inform Your Employer About the Injury

    When you inform your employer about the injury, they will give you a claim form to fill out. The process of filing a claim varies from state to state. For example, here is how it works in California:

    • Your employer gives you the claim form
    • You fill out the form and hand it back to them
    • The employer fills out their section of the form and then submits it to the insurer
    • The insurer has up to 90 days to approve or deny the claim
    • If the insurer does not deny the claim within 90 days, the claim is presumed to be approved
  • What if the Insurance Company Denies My Overexertion Injury Claim?

    An overexertion injury claim is not the kind of claim that gets approved without questions. Granted, the insurance provider will try to come up with reasons to deny your claim. This happens mostly when the claim itself involves a significant amount of compensation. Because insurance companies are in business just like other companies, they will try to undervalue your claim. And if they find any reason to free themselves from liability, even if the reason does not hold weight, they will still choose to go down that path.

    Hiring an experienced workers' compensation attorney is usually the best thing to do when you find yourself in such a situation. This attorney understands the games insurance companies play to avoid compensating injury victims. In some cases, however, the insurance company might have a valid reason to deny a claim. For example, some workers do not realize that these claims are time-sensitive. The longer you take to file a claim, the more difficult it is to obtain compensation for your injuries. 

  • How Can an Overexertion Injury Lawyers Help?

    As discussed below, there are so many ways an overexertion injury attorney can help if you get injured in the workplace. 

    Evaluating the Case to Determine Liability

    Before filing a workers' compensation claim, an attorney will evaluate your case to determine two key factors:

    • whether you have a valid case against your employer; and
    • whether more than one party may be responsible for your injury.

    If determined that you have a valid claim, your attorney will identify the parties responsible for your injuries and the roles they played. 

    Investigating the Claim

    The overexertion injury attorney will also investigate the claim and build a strong case against your employer. This is because the insurance provider will not approve the claim without evidence. 

    One thing you need to know about these claims is that some may hurt your employer's finances. This is because your employer pays insurance premiums to the workers' compensation insurance agency just like you would with your car insurance provider. As a result, when an employee files a claim with their employer's insurer, the employer will likely suffer repercussions, such as increased premiums, because the insurer assumes that their client's workplace is unsafe for employees. 

    For this reason, rogue employers will try to downplay their employee's injuries. Some may even destroy evidence to free themselves from liability. In some cases, rogue employers may retaliate against employees who file workers' compensation claims. The role of an attorney is to ensure that these claims are properly investigated. 

    With proper investigation, the insurance company or your employer will have a tougher time challenging the claim. In fact, in most cases, when you hire an experienced overexertion attorney from Morgan and Morgan, most insurance providers or employers will not attempt to dispute the claim. This is because, at Morgan and Morgan, we have the kind of resources needed to conduct thorough investigations into such injuries, leaving no stone unturned. 

    Providing Crucial Legal Advice

    Given that overexertion injuries vary from one individual to another, there is no one-fits-all approach to these claims. For this reason, an attorney can provide the best legal advice customized to your circumstances. For instance, there are times when it may be necessary to file a claim right away. Other times, you may need to wait a little bit longer to file the claim. An attorney will help create the best possible legal strategy to pursue your claim, keeping your best interests at heart.

    The attorney will also help you understand your rights and what you can and cannot do throughout the claims process. Many workers fail to win their claims when they make certain mistakes along the way. Such mistakes can always be avoided by consulting an experienced attorney who understands how these claims work. These attorneys know what could hurt or strengthen your claim. 

    Filing Complex Paperwork on Your Behalf

    Workers' compensation claims usually involve complex paperwork. That is the last thing you want to deal with when recuperating from your injuries. Besides, filling out the wrong paperwork or the right paperwork incorrectly could jeopardize the entire claim. And as mentioned before, these are some of the loopholes insurance companies watch out for, hoping to find a reason to deny or undervalue your claim. As a result, you need to stay on top of things.

    But realistically, you may not know every workers' compensation law of your state. Bear in mind that these laws vary from state to state. Also, each workers' compensation claim is different. An experienced attorney will fill out the most crucial paperwork on your behalf, limiting the chances of denial. 

    Assessing Damages

    Many workers only claim medical expenses when filing a workers' compensation claim. You would be surprised to discover that you may be able to recover more than your medical expenses when you get injured in the workplace. An experienced attorney can help maximize your claim, ensuring you receive the compensation you need and deserve.

    For instance, besides medical expenses, you may be able to recover the following:

    • Lost wages
    • Disability payments if you suffered temporary or permanent disability
    • Travel expenses for the trips you took to and from the doctor 
    • Vocational rehabilitation, covering assistance in finding another job if your injury prevents you from working your previous job
    • Death benefits and funeral expenses the injury victim died as a result of the injury - this compensation is usually sent to the immediate family member of the eligible victim  
  • Contact a Morgan and Morgan Overexertion Injury Lawyers

    When you suffer overexertion injuries in the workplace, you need a powerful, experienced, and aggressive team of overexertion injury lawyers to fight for you. At Morgan & Morgan, we will fight for you or your loved one, ensuring you receive the compensation you need and deserve. Our attorneys have years of experience handling these injuries and proven results to match their work. 

    Do not suffer in silence — you deserve compensation for your injuries. Fill out our free case evaluation form today.

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