At Maison Law Accident & Injury Lawyers of Modesto, we provide strong representation for workers hurt on the job due to overexertion. We demand the maximum in recovery support for victims. Victims and their families should contact a skilled Workers’ Compensation lawyer and schedule a free consultation. It’s a no-risk way to determine what your injury is worth and how to hold an employer responsible.
Do I Need a Lawyer for My Workers’ Compensation Claim?
Injured workers should consider using a skilled Modesto Workers’ Compensation Lawyer for their case if they feel their employers aren’t treating them fairly. They should talk over their cases with a lawyer if they feel their employers aren’t taking their injuries seriously.
Consulting with an attorney is a critical step if you are dealing with a serious injury that causes you to miss more than a few days of work. A lawyer can often earn you much more in Workers’ Compensation support than you could earn yourself. Not everyone gets the same level of support from California’s Workers’ Compensation system. A lawyer can make the difference.
You should also speak with a lawyer if you feel you need protection from unfair tactics used by an employer or the employer’s Workers’ Comp Insurance provider. Employers often try to avoid blame in accidents. They may question how badly you are hurt. A lawyer investigates your case and provides a strong defense against these shady tactics. The California Department of Industrial Relations (DIR) explains some other instances where you may benefit from having legal representation.
Overexertion Injuries in the Workplace
Modesto workers may stay home for a day to recover from soreness and instability due to a hurting back or neck. They may have been asked to lift an excessive amount the day before or been asked to work on tired legs and feet in a factory or in the fields of a farm for too long.
Sometimes these aches and pains go away after rest. But they can also become debilitating and affect your work at your current job or your next job. Employers are liable for the safety of their employees and they pay into Workers’ Compensation so help is available to people who suffer from pain and lost mobility.
People in physically demanding jobs like warehouse workers, construction workers, and farmworkers are most at risk of injuries caused by overexertion. However, office workers and those in retail can be asked to move boxes that are too heavy, leading to a slipped disc in the spinal column.
These are just a few of the common overexertion injuries treated by doctors in Modesto Medical Center:
- Spine Injuries
- Neck Injuries
- Back Injuries
- Repetitive Motion Strain Such as Carpal Tunnel Syndrome
- Tears and Strains in Muscles, Tendons, and Ligaments
- Chronic Pain and Arthritis
- Numbness or Tingling
Overexertion can lead to years of debilitating pain for patients. Victims might need years of physical therapy just to regain their freedom. They may deal with pain their entire lives. They suffer these injuries while trying to complete their tasks for a company or corporation at risk to their health. It’s only fair that employers are there for them through these difficult periods. Your Maison Law Accident & Injury Lawyer is ready to help you force an insurance company to accept liability and assist you financially for as long as necessary.
Can I Sue My Employer After Suffering an Overexertion Injury at Work?
Injured workers are usually limited to drawing support from Workers’ Compensation. In many cases, a lawsuit against an employer would be rejected. However, in some circumstances, victims can seek additional compensation by taking the company or corporation they work for to court.
If an employer is proven to have been reckless with the safety of employees or to have covered up knowledge of safety hazards, a lawsuit could be effective. This type of disregard for employee safety would likely fall under “gross negligence.” It’s a legal term that describes such careless behavior towards the safety of others that the accident could almost be considered intentional.
When Is a Lawsuit Against My Employer Necessary?
A lawsuit could be a necessary option, especially because Workers’ Compensation doesn’t cover certain hardships many victims face. California’s Workers’ Compensation usually doesn’t offer support for the physical pain victims experience or the mental trauma a frightening accident and difficult recovery might cause. Both can be major components in a recovery for an overexertion injury patient. Workers’ Comp support can also run out before victims are fully healed.
Victims can suffer pain for years that affects their quality of life. They may also face depression or anxiety as a back or neck injury causes them a major loss of enjoyment of life. They may have to give up family activities or hobbies due to a back injury. These damages may only be compensated through a lawsuit. Your lawyer can discuss your options with you and have a strong case prepared if an appearance before a judge and jury is necessary to earn justice for you.
How Can a Workers’ Comp Lawyer Help My Case?
Stanislaus County workers with overexertion injuries can wake up each morning with extreme pain and stiffness. They should be allowed to rest and focus on healing.
A Modesto Workers’ Compensation Lawyer can handle the frustrating process and represent the victim before The California Division of Workers’ Compensation. This is taken care of with as little disruption to the patient as possible.
These are just a few protections you’ll be able to count on when you trust your case to a skilled lawyer:
- Files your case
- Investigates your accident and secures the evidence needed to prove your case
- Negotiates with Workers’ Compensation insurance providers to get the maximum compensation for you
- Defends you when employers make false accusations
- Appears before Workers’ Compensation administrators and judges on your behalf
- Makes sure your side of the store is heard
- Helps you file an appeal to a Workers’ Compensation ruling
- Files lawsuits if an employer makes threats toward you or fires you for reporting an accident
Frequently Asked Questions
What does an injured worker receive compensation for?
Workers’ Compensation should cover the medical bills relating to the injury. Victims would be reimbursed for a percentage of the paychecks they’ve lost while unable to work. This would be part of temporary or permanent disability benefits. Victims could receive help with the financial burden of having to train for a new career if they can’t return to a previous job. Families must also receive death benefits if a loved one is lost to a fatal workplace accident.
Is there a deadline for telling my boss about a workplace injury?
Yes. You must inform your manager or the company owner within a month of your injury. Alert them as soon as you can. If you wait, your case may be rejected and you won’t receive help with your medical costs.
How long can I wait to inform California Workers’ Compensation of my injury?
Victims can file a Workers’ Comp claim up to a year from the date of the accident. If a victim doesn’t know about the injury until later, the one-year countdown would begin on the date the injury was discovered.
Can undocumented workers receive Workers’ Compensation benefits in California?
Yes, their citizenship status doesn’t matter. California also prohibits employers from threatening or intimidating undocumented workers because they have reported an injury. A Modesto Workers’ Compensation Attorney will work to get those workers full benefits. Our lawyers also take quick legal action if employers try to intimidate or threaten a worker for reporting an injury. This behavior is illegal.
What If I Don’t Have Any Money to Pay a Workers’ Compensation Lawyer?
Keep in mind, that you don’t have any savings to afford powerful legal representation. If you need our help earning what’s fair, we don’t get paid unless we win your case for you. Then our pay comes out of the settlement check an at-fault driver’s car insurer must pay you.
What Is My Lawyer’s Fee After a Successful Worker’s Compensation Case?
You would only pay your lawyer after a case victory. Your lawyer might receive somewhere between 10% to 14% of your Workers’ Comp award, but the fee can vary. The fee would be decided before you hire a lawyer and would depend on how complex and time-consuming a case will be. A lawyer’s fee is also monitored by a Workers’ Compensation Judge. The judge has to agree that the fee amount is fair before a lawyer can be paid.
Contact a Modesto Workers’ Compensation Overexertion Accident Attorney
Contact Maison Law Accident & Injury Lawyers of Modesto to schedule a free, confidential consultation with a real Modesto Workers’ Compensation Lawyer. We want to hear what happened to you and work on a plan to earn you the support you need.
We’re going to answer your questions and make sure you are prepared for the tactics you’ll face so you don’t forfeit valuable support. You’ll know what your head trauma is worth before an insurance adjuster tries to convince you it’s worth nothing at all.
Keep in mind, that you don’t have any savings to afford powerful legal representation. If you need our help earning what’s fair, we don’t get paid unless we win your case for you. Then our pay comes out of the check Workers’ Comp provides to you.