When you push your body beyond its capabilities while on the job, you can end up with a host of potential problems, from muscle strains to repetitive stress injuries. Unfortunately, many employers expect their employees to complete their job tasks despite the threat of those types of injuries. If you suffered an injury on the job, reach out to a Pasadena overexertion injury lawyer to discuss your options and how to recover compensation.
Filing an Overexertion Claim When an Employer is a Nonsubscriber
In Texas, employers that fall within the requirements of the law have the right to opt out of workers’ compensation insurance. For employees, that means when an injury occurs, they must file a claim against their employers directly. That claim should cover the damages associated with the accident, including:
- The medical costs incurred by the employee, including the cost of both emergency medical care for an acute injury and long-term care for a chronic or repetitive stress injury
- The value of wages the employee lost because of the overexertion injury, potentially including lost earning potential of the injury prevents the employee from returning to work in their previous position
- The employee’s pain and suffering
Because of the challenges many employees face in filing an overexertion claim directly against an employer, working with a Pasadena lawyer can significantly increase the odds that employees will recover compensation for their losses.
Types of Overexertion Injuries
Overexertion injuries occur when someone pushes their body beyond its physical limits. That can include pushing on in the extreme heat common in Texas summers, making the same movement over and over again, or simply trying to lift an object that is too heavy. Common injuries include:
- Muscle strains and tears, often due to heavy lifting
- Ligament sprains, often caused by trying to stretch too far
- Back injuries
- Shoulder injuries
- Knee injuries
- Repetitive motion injuries, including carpal tunnel syndrome or tendonitis
- Stress fractures
- Heat exhaustion or heatstroke from working in high-temperature environments
The challenges caused by overexertion injuries often depend on the type of injury and its severity. For example, an employee with a heat-related illness may take a few hours or days to recover, while an employee dealing with chronic symptoms from a repetitive stress injury may need to limit their activities longer.
The Statute of Limitations in Overexertion Injury Claims
In Texas, workers typically have two years from the date of the injury to file an overexertion injury claim against an employer. However, in cases of repetitive stress injuries or injuries the employee did not discover immediately, the countdown may not begin until the worker is aware that they actually have an injury. Government employees, on the other hand, may have a much shorter timeline under which they must report the injury and file a claim.
Reaching out to an overexertion injury lawyer as soon as possible can provide injured Pasadena workers with more information about their options and the best steps they can take to protect themselves following an injury.
Contact a Pasadena, TX Overexertion Injury Lawyer
If you suffered an overexertion injury at work, a Pasadena lawyer can help you protect your rights and fight for the full compensation you deserve. At Schechter, Shaffer & Harris, our personal injury attorneys understand the challenges that can accompany a clam against your employer, and we strive to help our clients maximize the benefits they can recover. Reach out to us today to schedule your free consultation.
