Lifting injuries are a common workplace hazard that can lead to significant physical and financial burdens for employees. In Southern California, workers suffering from lifting injuries need to understand their rights and the legal options available to them.
This blog provides an overview of the steps to take if you suffer a lifting injury at work and the workers’ compensation claims process. Contact PLBH at (800) 435-7542 for a legal consultation.
Understanding Lifting Injuries
Common Types of Lifting Injuries
Lifting injuries can affect various parts of the body and occur across different industries. Some of the most common lifting injuries include:
- Back Strains and Sprains: Often resulting from improper lifting techniques or lifting heavy objects.
- Herniated Discs: Caused by excessive pressure on the spine during lifting.
- Shoulder Injuries: Including rotator cuff tears and muscle strains.
- Knee Injuries: Such as meniscus tears from twisting while lifting.
Causes of Lifting Injuries
Several factors contribute to lifting injuries in the workplace:
- Improper Lifting Techniques: Failing to use proper body mechanics.
- Heavy Loads: Lifting objects that are too heavy for the worker’s capacity.
- Repetitive Movements: Continuous lifting without adequate breaks.
- Inadequate Training: Lack of training on safe lifting practices.
Workers’ Compensation Claims for Lifting Injuries
Filing a Workers’ Compensation Claim
If you sustain a lifting injury at work, you are entitled to workers’ compensation benefits. Here’s how to proceed:
- Report the Injury: Notify your employer immediately about the lifting injury.
- Seek Medical Attention: Obtain medical treatment as soon as possible and keep records of all medical visits and treatments.
- Document the Incident: Keep detailed records of how the injury occurred, including the date, time, and circumstances.
- Complete a Claim Form: Fill out the Workers’ Compensation Claim Form (DWC-1) and submit it to your employer.
Benefits of Workers’ Compensation
Workers’ compensation benefits provide crucial support for injured workers. These benefits may include:
- Medical Expenses: Coverage for all medical treatments related to the lifting injury.
- Temporary Disability Benefits: Compensation for lost wages during the recovery period.
- Permanent Disability Benefits: Payments for permanent impairments that affect your ability to work.
- Supplemental Job Displacement Benefits: Vouchers for retraining if you cannot return to your previous job.
Legal Options Beyond Workers’ Compensation
Personal Injury Claims
In some cases, you may have grounds for a personal injury claim in addition to a workers’ compensation claim. This is possible if a third party’s negligence contributed to your lifting injury. For example:
- Faulty Equipment: If defective lifting equipment caused the injury, you might pursue a claim against the manufacturer.
- Negligence of a Contractor: If a contractor’s negligence led to unsafe working conditions resulting in your injury.
Disability Benefits
If your lifting injury results in a long-term or permanent disability, you may be eligible for additional support through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These programs provide financial assistance to individuals who cannot work due to their disabilities.
Protecting Your Rights
Importance of Legal Representation
Navigating the workers’ compensation process and exploring other legal options can be complex. Having experienced legal representation ensures you receive the benefits and compensation you deserve. An employment law attorney can help with:
- Filing Claims: Ensuring all paperwork is completed correctly and submitted on time.
- Negotiating Settlements: Advocating for fair compensation from employers and insurance companies.
- Litigation: Representing you in court if necessary.
Contact PLBH for Assistance
If you have suffered a lifting injury at work, PLBH is here to help. Our team of experienced employment law attorneys is dedicated to protecting your rights and securing the compensation you deserve. Contact us today at (800) 435-7542 for a free consultation.