Overexertion leads to numerous workplace injuries and accidents. Common overexertion injuries include holding, pulling, pushing, or carrying heavy objects. Workers suffering from overexertion may face high medical bills, and require physical therapy and time away from work. A skilled attorney can help to set forth a compensable Illinois workers’ compensation claim that provides benefits and payment for lost wages and any difference in earnings during a period of recovery. At Therman Law Offices, our Wheaton and Schaumburg workers’ compensation lawyers are experienced in advocating for injured workers and their loved ones.Illinois Workers’ Compensation Law and Benefits Available for Overexertion Injuries
When a worker suffers an injury in the course and scope of employment, they are entitled to benefits provided by workers’ compensation laws. Illinois laws are set forth in the Illinois Workers’ Compensation Act (IWCA), and nearly all private and public employers are required to carry workers’ compensation insurance. Certain requirements and deadlines must be met, including informing a supervisor within 30 days of an injury, and documenting medical attention and time away from work.
Workers seeking benefits under the IWCA must also demonstrate their injury arises out of and in the course of employment.
Workers’ compensation is an exclusive remedy, which means that an injured employee cannot sue their employer if they receive benefits. There are exceptions to this rule, and the employee may have a legal venue if a third party caused their harm. If the employer’s intentional act led to their overexertion injury, the employee may also be able to pursue legal action outside of their workers’ compensation claim.
The types of benefits available to injured workers include coverage of medical bills and prescriptions, payment for rehabilitation, and weekly wage replacement. If an overexertion injury leads to a temporary or permanent disability, the injured worker may be eligible for more extensive benefits. Disability benefits are available according to the worker’s capability.
An overexertion injury may lead to a disability, either temporary, or permanent. Temporary partial disability benefits help employees during their recovery, when they can return to work in a partial capacity. For example, following a shoulder injury caused by overexertion, the worker may be able to return to work in partial capacity. They may not be able to lift or pull, and if these were tasks they completed pre-injury it is possible they may not earn their former wages. In this case, temporary partial disability benefits will apply.
Temporary total disability benefits compensate employees for the period of time they are disabled, either because they cannot perform the job tasks entirely or because their employer cannot accommodate their needs. When a worker’s overexertion injury limits their ability to work in a more permanent way, they may be eligible for permanent partial or total disability benefits.Overexertion Injuries in the Workplace
Injuries associated with overexertion include back spasms, muscle strains, joint and tendon injuries, and heat exhaustion. In some workplaces, such as factories, heat stroke can occur year round, caused by overexertion. Tendon and joint injuries can come from overexertion that causes tears in the tendon, or dislocation of the joints. Some employees suffer inflamed connective tissue. Often, these injuries are the result of carrying a heavy object or lifting a large box. In some industries, such as the construction industry, workers are at higher risk for overexertion due to their workplace tasks.
Employers can help to diminish the risk of overexertion by properly training employees. Additionally, ensuring that workers take their mandated break period can help their bodies rest. Requiring that employees only perform tasks within their physical abilities is also critical to minimizing the risk of overexertion injury.Understand the Nature of Your Workers’ Compensation Claim by Speaking to a Lawyer in Wheaton or Schaumburg
To receive competent and effective legal representation for your job injury claim, contact the attorneys at Therman Law Offices. We are proud to assist people throughout Wheaton, Schaumburg, as well as the areas of Norwood Park, Harwood Heights, Des Plaines, Edison Park, as well as Norridge, Rosemont, Elmwood Park, Park Ridge, Elk Grove Village, and Mt. Prospect. Our office provides a free evaluation of your case with an experienced injury lawyer, and can be reached by calling 773-545-8849 or through our online form.