What Is An Overexertion Injury At Work? Do I Have a Case?
It’s quite likely you don’t think about all the things that could cause you harm at work, but that doesn’t mean you’re impervious to accidents. When people think about accidents at work, they often think about slipping and falling, being hit by something unexpectedly, or overexertion injuries. This last category is the focus of our post today!
An overexertion injury is an injury that’s caused by performing a task that’s beyond what one can physically perform, the most common example of an overexertion injury at work being somebody lifting up heavy objects—a chair, table, or heavy box—and damaging a part of their body because of it. The most common overexertion injuries are neck and back sprains and strains, muscle tears, and joint damage.
Suffering an overexertion injury at work prompts most who experience such an unfortunate event to bring an overexertion injury lawsuit against a negligent employer. But bringing a lawsuit is not something most people can handle on their own, which is why attorneys for overexertion injury cases are out there fighting for employees who have been hurt through no fault of their own get the compensation they deserve. Let’s look more closely at overexertion injuries and see how cases are sometimes established.
What Causes Overexertion Injuries at Work?
While it’s true overexertion injuries can happen at virtually any workplace, some workplaces, construction sites for example, present more risk for such injuries to occur. Furthermore, overexertion injuries are commonly a result of following poor instructions, working in unsafe conditions, and working to meet unrealistic expectations. Here are some specific things that overexertion injury lawyers say cause these injuries:
- Lifting heavy boxes overhead.
- Pushing or pulling heavy crates or boxes.
- Carrying around heavy items for a long period of time.
- Remaining in an awkward or uncomfortable position for a long period of time.
- Performing repetitive, stressful tasks without breaks.
- Working in areas that are poorly ventilated.
- Performing work in extreme conditions.
- Constant motion for an extended period of time without a break.
In short, a variety of actions and tasks can cause overexertion injuries in the workplace. Hiring an experienced overexertion injury lawyer to pursue an overexertion lawsuit may help you attain the compensation you deserve.
Building a Case
While most overexertion cases have similar elements, every case is unique, and understanding this is important––especially during the beginning stages when you’re trying to decide whether or not you have a case.
First, consider your capabilities at the time the injury occurred—were you qualified and empowered to perform the action(s) that injured you? More importantly—did you consent via written contract that your employer is not liable for your harm? Just because one employee can perform a task doesn’t mean all can, and this is an important distinction you’re going to want to be able to make.
You’ll also have to prove that your judgment wasn’t inhibited while performing the action; if you were intoxicated or on drugs when you performed the action that injured you, it’s likely your employer won’t be held responsible.
Getting First-Rate Legal Assistance
For years, our team at Sandberg Law Firm has helped injured workers get the compensation they deserve. Our experience and expertise in handling overexertion injury lawsuits is at your service. Contact us to set up a free consultation and see how we can be of service to you. Also, view our case studies to see how we’ve delivered exceptional results for clients in the past. Call (507) 282-3521.