When a worker pushes themselves beyond the body’s capability, overexertion injuries can occur. Such injuries may require long-term treatment and complex recovery, accompanied by large medical bills and lost wages.
In Texas, employees have the right to recover compensation for such injuries through workers’ comp insurance or, if their employer does not subscribe to workers’ comp, a personal injury lawsuit. A Missouri City overexertion injury lawyer can explain what your options are and support you through the work accident case.
Common Causes of Overexertion Injuries
Overexertion injuries occur when a worker strains beyond their physical limits. It can happen from either a sudden burst of effort or repetitive stress. The common causes include:
- Heavy lifting: Workers who lift loads that exceed safe weight limits may experience muscle tears and back injuries.
- Repetitive motions: Constantly repeating the same movement, such as bending, reaching, or pulling, can wear joints down.
- Awkward postures: Tasks that require bending or twisting place excessive strain on the body and increase the risk of injury.
- Prolonged physical activity: Long hours of intense labor without sufficient breaks can make workers more vulnerable to overexertion.
- Pushing and pulling: Using force to move heavy machinery may overtax muscles and ligaments.
- Environmental conditions: Working in extreme heat or cold can intensify physical stress and reduce the body’s ability to recover.
In a third-party lawsuit, an overexertion attorney in Missouri City would have to prove that the employer’s negligent actions were the cause of such injuries. That would require an in-depth investigation and meticulous evidence collection.
Negligence in the Workplace
Negligence in the workplace is the employer’s failure to provide a safe environment for employees. For example, if the company does not follow proper safety protocols, it puts employees at risk of injury. In cases of overexertion, negligence may involve a lack of proper safety equipment or unrealistic productivity demands. It can also include failure to give workers sufficient rest breaks.
When an employer ignores these responsibilities, they create conditions where overexertion injuries are far more likely to occur. Establishing the connection between negligent actions and injuries is key to building a strong personal injury case.
Damages in an Overexertion Injury Case
If the employer has workers’ compensation insurance, the employee can receive benefits. They usually include medical expenses and a part of lost wages. In case the employer is a non-subscriber, the employee has the opportunity to file a personal injury lawsuit. In such a case, they can recover full medical expenses and lost wages as well as non-economic damages.
Non-economic damages, also called pain and suffering, are damages that cannot be backed by tangible evidence. They are related to the quality of life a worker lost due to the injuries. These can include anything from permanent scarring to PTSD.
To prove the workers’ right to such damage recovery, a competent Missouri City overexertion injury attorney can invite expert witnesses to testify. The size of the compensation for these damages depends on their extent.
Discuss Your Overexertion Injury Case with a Skilled Missouri City Lawyer Today
If your employer is a non-subscriber who was responsible for your overexertion injury, you have the right to file a lawsuit. Working with a qualified Missouri City overexertion injury lawyer can help you avoid errors and recover fair compensation. At Schechter, Shaffer & Harris, LLP, we work hard to help employees receive the money they deserve. Call us for a free consultation today.
