Overexertion Workers’ Compensation Claims In Charlotte
Responsive and Dedicated Attorneys Serving Clients in Charlotte
Overexertion is an increasingly common workplace injury in which someone physically pushes themselves too hard. These injuries are especially pervasive in occupations that require frequent and intense physical labor. While North Carolina’s workers’ compensation system is designed to protect employees who are injured while on the job, overexertion can be difficult to prove, leaving many employees with legitimate injuries without the resources they need to cover medical expenses and lost wages.
At Stewart Law Offices, we are committed to leveraging our experience, skills, and drive to help employees suffering from overexertion fight for the benefits they deserve. Our attorneys understand how to navigate overexertion workers’ compensation claims in Charlotte and will work toward securing all of the benefits to which you may be entitled. We are well-versed in how to prove the link between overexertion and employment and can work to combat many of the tactics that insurers use to deny or limit claims. Our team is also sensitive to your financial situation and will treat you with compassion and respect. Our goal is to resolve your claim as quickly as possible so that you can get the money and treatment you need to recover.
You deserve your own legal advocate who is ready to fight for you. Protecting your right to workers’ compensation benefits when you overexert yourself is our top priority.
What is Overexertion?
Overexertion is what happens when you push your body beyond its physical limits. This can occur at work if your job requires you to regularly engage in strenuous physical activity. While there is nothing wrong with hard work, you need to listen to your body if you begin to feel pain or discomfort in the course of performing your normal job responsibilities. If you do not address possible overexertion and give your body time to heal, you could tear, overstretch, or damage your muscles, ligaments, or tendons. In extreme cases, you may even suffer a debilitating back injury or soft tissue strain.
Overexertion at work is more likely to happen if:
- You have poor posture
- Your job involves frequent repetitive motions
- You use insufficient or worn-out tools
- You routinely carry too much weight
You may be overexerting yourself if you notice any of the following symptoms when working:
- Excessive sweating
- Excessive soreness
- Abnormally high heart rate
- Chest discomfort or pain
- Abdominal discomfort or pain
In many cases, overexertion can be proactively avoided – or avoided in the future – by adjusting how you do your work. Improving posture, warming up before physical activity, and requesting better-maintained tools are just some of the steps you can take to avoid injury.
Can I Get Workers’ Compensation Benefits for Overexertion in North Carolina?
If you do overexert yourself, you may be wondering if you can get money to cover medical expenses and missed wages. The good news is North Carolina’s workers’ compensation system covers all work-related injuries, including overexertion.
You most likely qualify for workers’ compensation benefits after suffering overexertion if:
- You were an employee (not an independent contractor) when the overexertion occurred
- Your employer has at least three employees
- Your overexertion arose out of your employment, meaning it occurred because of job-related activities
You must report your injury to your employer within 30 days of the date you overexerted yourself or you discover you overexerted yourself. You should generally make every effort to submit a written report as soon as possible, as benefits can be denied if you wait too long. Then, you will have two years from the date of overexertion to file a workers’ compensation claim.
So long as you were not intoxicated when you overexerted yourself or the overexertion was not the result of an attempt to harm yourself or someone else, fault does not matter when filing overexertion workers’ compensation claims in Charlotte. This means your claim cannot be denied because of poor posture, you carried something that was too heavy, or any other factor that was partially or completely in your control. You also do not need to prove your employer (or any other party) was negligent. What you must do, however, is prove your injuries were work-related.
Why You Need an Attorney to Assist With Your Overexertion Claim in North Carolina
Proving the link between overexertion and your job is not always easy, especially if there was not an obvious, traumatic incident that undeniably caused an injury. Some employers and their insurers take advantage of this by denying overexertion workers’ compensation claims in Charlotte on the basis that the injuries are not work-related. They may suggest you overexerted yourself at home or somewhere other than the workplace, especially if you regularly exercise or participate in sports. If your claim is denied, you will be unable to get coverage for medical expenses or a portion of lost income.
A lawyer familiar with the state’s workers’ compensation system can work to assert your rights and establish that your overexertion was work-related. Our attorneys understand how to strategically approach these cases and are prepared to exhaust all available legal remedies if the insurance company refuses to recognize your job-related injuries and issue the appropriate benefits.
Employers and insurance companies retain legal professionals who work to help them avoid paying workers’ compensation claims whenever possible.
Reach Out To Stewart Law Offices If:
- Your claim is denied
- Your employer or their insurance provider is claiming your injury is not work-related
- Your employer’s insurance provider becomes unresponsive
- You are offered an inadequate settlement
- You are having difficulty getting temporary or permanent disability benefits
- The doctor offered by your employer or their insurer does not recognize the extent of your overexertion