{"id":6142,"date":"2023-06-20T09:21:50","date_gmt":"2023-06-20T13:21:50","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=6142"},"modified":"2023-06-12T12:45:22","modified_gmt":"2023-06-12T16:45:22","slug":"overexertion-and-workers-compensation","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/overexertion-and-workers-compensation\/","title":{"rendered":"Overexertion and Workers\u2019 Compensation"},"content":{"rendered":"
Overexertion is a leading cause of workplace accidents and workplace incidents. For some workers, that one extra push or pull can cause a serious injury. For many workers, the cumulative effect of lifting and carrying can take a toll on the body. For other workers, just one day when a worker does more than his\/her normal physical capacity can cause physical harm.<\/p>\n
Many overexertion injuries affect the back and can result in chronic pain. Other injuries such as sprains and strains may heal with time and proper medical care.<\/p>\n
But let’s be quite clear from the start. For the most part, cumulative or repetitive injuries that result from repeated exertion over time are generally NOT compensable under workers compensation. In most cases, you must show an “injury by accident<\/a>” that occurred at a definite point in time, in order to recover.<\/p>\n The one other exception can be carpal tunnel syndrome<\/a>, since this injury is almost always related to repetitive work with vibratory machinery or hand tools.<\/p>\n According to the National Safety Council<\/a> (NSC), more than 255,000 workers were injured in 2020 due to overexertion. 7 workers died. The NSC states that overexertion is the second leading cause (22 percent) of nonfatal injuries or illnesses \u2013 requiring time off from work.<\/p>\n Common workplace activities due to excessive physical effort include lifting, pushing, pulling, holding, carrying, and throwing. Overexertion injuries that can cause injuries or illness also include bending, twisting, kneeling, climbing, crawling, and reaching. Even walking or running can result in overexertion injuries. Overexertion injuries also include repetitive stress injuries such as typing, repeat use of tools such as screwdrivers, medical instruments, knives, and musical instruments.<\/p>\n Some of the workers most likely to suffer overexertion injuries include construction workers, assembly line workers, paramedics, materials handlers, warehouse workers, transportation workers, retail employees, manufacturing workers, and many other professions.<\/p>\n The most common type of overexertion injury that workers in North Carolina and Virginia who overexert themselves suffer is a sprain. Sprains cause damage to the ligaments \u2013 the part of the anatomy that binds bones to other bones.<\/p>\n Sprains are normally categorized as first-degree (little swelling with mild pain and some dysfunction), second-degree (partial tearing, swelling, moderate dysfunction, and pain), and third-degree (a complete ligament tear or rupture, severe pain, and bodily dysfunction \u2013 that may require surgery). Sprains can affect the back, shoulder, upper extremities, and other parts of the body.<\/p>\n Other possible injuries due to overexertion include:<\/p>\n Workers who overexert themselves often suffer fatigue which can cause accidents because a worker can’t pay full attention to his\/her job.<\/p>\n Overexertion may also cause dehydration, or even heatstroke<\/a>, heart attack, and death, especially when workers are working outdoors under extreme heat conditions.<\/p>\n In those circumstances, because the injured worker has not suffered an injury per se<\/i>, the matter may be treated as an occupational disease<\/a>, which can be more difficult to prove.<\/p>\n There are many steps employers and employees can take to reduce the risk of overexertion injuries. Please know that fault is not an issue when you need to file a workers’ compensation claim due to overexertion. If your injury or illness is due to your work, you’re an employee, and you need time off from work to treat your injuries; you should have the right to file a workers’ compensation claim.<\/p>\n Still, preventing injuries in the first place is the best option. Some overexertion preventive strategies include:<\/p>\n Workers who suffer overexertion injuries\u2014assuming the injury is not one that occurs over time, but occurs at a specific point in time— may need treatment from emergency room doctors, family physicians, orthopedists, physical therapists, occupational therapists, chiropractors, and other types of healthcare providers.<\/p>\n If you cannot work due to an overexertion injury, you have the right to claim the following benefits:<\/p>\n Workers should seek prompt medical care. You also have a duty to provide your employer with notice of your injury within a short time (generally up to 30 days) from the date of whatever accident or incident started your health problems.<\/p>\n At Joe Miller Law Ltd., our North Carolina and Virginia workers’ compensation lawyer understand the unique issues and challenges involved with overexertion claims. He’s helped thousands of workers obtain strong settlements and awards. He’ll work with your doctors to verify your injuries, the type of medical care you need, and explain why you cannot work. To speak with a respected workers’ compensation lawyer who has been fighting for work injury victims for 30 years, call attorney Joe Miller, Esq., at 888-667-8295<\/b> or complete my online contact form<\/a> to schedule a free consultation.<\/p>\n Our law firm does have a way for you to provide your details of your accident and injuries if you simply want to do that electronically from the comfort and safety of your home at any time<\/b> of day or night. To utilize this service, simply click here<\/a>: New Electronic Case Review<\/a>.<\/p>\n We’ll get back to you, typically within 24 hours to provide our response as to whether your situation is one where we can provide you with legal representation. If we require more information, we’ll contact you and ask for that information in order to make that determination as to whether we are the best folks to assist you. If we ultimately determine that we cannot represent or assist you, we will not leave you high and dry. We’ll do our best to provide you with other resources to assist you.<\/p>\n","protected":false},"excerpt":{"rendered":" Overexertion is a leading cause of workplace accidents and workplace incidents. For some workers, that one extra push or pull can cause a serious injury. For many workers, the cumulative effect of lifting and carrying can take a toll on the body. For other workers, just one day when a worker does more than his\/her … <\/p>\nWhat types of injuries are caused by workplace overexertion?<\/h3>\n
What types of injuries does overexertion cause?<\/h3>\n
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How can the risk of overexertion be reduced?<\/h3>\n
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What benefits can I receive if overexertion causes a workplace accident?<\/h3>\n
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