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Learn more about lifting injury claims with personal injury attorneys from Buchanan Williams & O’Brien – Springfield. Book a free consultation call with us.
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Work-Related Lifting Injuries and Workers’ Compensation
In workplaces everywhere, lifting injuries are a common concern. From construction sites to offices, heavy lifting can lead to strains, herniated discs, and other painful conditions. Luckily, if your lifting injuries cause you to miss work, stop earning, or seek out physical therapy, you may be entitled to workers’ compensation in Missouri.
Missouri workers’ compensation laws mandate that every construction company and every employer with a minimum of five employees must ensure the protection of their workforce against occupational injuries. Many businesses fulfill this legal obligation by acquiring workers’ compensation insurance, commonly known as workers’ comp. This insurance program is designed to provide financial support to employees in the event of work-related injuries.
Buchanan, Williams & O’Brien’s workers’ compensation team will help you navigate the complex process of obtaining workers’ comp.
What Causes Lifting Injuries in the Workplace?
Work-related lifting injuries can be attributed to several factors in the workplace, including:
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Improper Lifting Techniques: One of the primary causes is the use of improper lifting techniques. Workers who do not lift objects correctly, such as bending at the waist instead of the knees, are at a higher risk of injury.
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Repetitive Lifting: Jobs that require frequent and repetitive lifting, such as warehouse or manufacturing roles, can lead to cumulative stress on muscles and joints, increasing the risk of injury over time.
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Inadequate Training: Lack of proper training in safe lifting techniques and workplace ergonomics can leave employees ill-equipped to handle lifting tasks safely.
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Lack of Mechanical Assistance: Some workplaces may lack appropriate equipment or mechanical aids that could assist employees in lifting heavy objects, putting more strain on workers.
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Poor Workplace Design: Poorly designed workspaces that require awkward or strenuous lifting maneuvers can contribute to lifting injuries.
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Fatigue and Overexertion: Working long hours without adequate breaks or in physically demanding environments can lead to fatigue, which in turn increases the likelihood of lifting injuries.
Among the most common weightlifting injuries are patellar tendonitis in the foot and knee, rotator cuff injuries in the arm and shoulder, spinal injuries such as herniated discs, and muscle imbalances. Our experienced lawyer can provide guidance on navigating legal aspects related to these injuries.
Confused about Lifting Injuries in St Louis? We are here to answer your questions.
How Employers and Workers Can Prevent a Lifting Injury
njury prevention hinges on a collaborative effort, where both employers and workers must take additional precautions to ensure safety.
Employers can play a pivotal role by providing proper training in safe lifting techniques, ensuring that ergonomic equipment is available, and maintaining a work environment designed to minimize strenuous lifting tasks. Investing in heavy lifting equipment may also be necessary. These help prevent injury incidence while also increasing productivity in the workplace.
For workers, you can minimize injury using the proper form or proper technique in lifting. You can incorporate strengthening exercises and strength training, including bench press, bicep curls, shoulder press, leg exercises, core stabilization training, glute muscle exercises, resistance training, and rear deltoid raises, into your routine.
What Types of Compensation Can I Seek for My Lifting Injury?
When you’re injured at work, you have two options. You may seek compensation from your employer’s workers’ compensation insurance. Alternatively, you may file a personal injury against your employer
Your workers’ compensation may compensate for the following:
- Medical expenses
- Diagnostics
- Cost of therapy
- Expenses for surgical treatment
- Medicines
- Lost wages, which could be up to 55% of the weekly average wage in Missouri.
If you file a personal injury case, you may seek compensation for the following:
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Medical expenses
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Lost wages
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Psychological injuries
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Travel expenses to the doctor or therapist
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Future loss of earnings
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Loss of consortium
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Other proven expenses related to the injury. This includes, for example, installing ramps in your house.
How Can I Prove Liability in a Lifting Injury Personal Injury Case?
Generally, any injury at work or during work hours is covered by workers’ compensation. However, disputes arise sometimes. When this happens, it’s essential to show that your injury resulted from performing your work. To help prove liability, you will need to:
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Promptly report your injury to your supervisor within 30 days of the incident.
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Seek immediate medical attention from your company’s recommended provider.
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Consider seeking a second opinion from your own doctor to ensure your injuries and diagnosis are thoroughly documented, as your company’s provider may downplay your injuries to minimize compensation.
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Thoroughly document all your expenses, as payments to your physical therapist or chiropractor may be eligible for coverage.
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Gather and report essential evidence, including CCTV footage or photographs, completed accident reports, records of communication with your employer, medical notes from your attending physician, and witness testimonies supporting your account.
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Get legal advice from our workers’ comp lawyer in Missouri.
Statute of Limitations for Filing a Lifting Injury Claim
You have two years from the time of the injury to file a workers’ comp claim.
However, workers have to report their injuries within 30 days of the injury. If they consult a doctor, they should report within 30 days of getting a diagnosis of their injury. If you were injured at work, you should notify your employer in writing. The notice should include the place, time, nature, and manner of the injury.
The employer will then report your injury to the Division of Worker’s Compensation. If your employer fails to report, you’ll have another year added to your statute of limitations.
Are you unsure of what to do next? Consult our trusted workers comp lawyers at Buchanan, Williams & O’Brien as soon as possible.
Let Buchanan, Williams & O’Brien Help With Your Lifting Injuries Claim
Over the years, our team at Buchanan, Williams & O’Brien have assisted workers to get the medical attention they need to get back to health. As experienced personal injury lawyers, we understand what you are going through.
We possess extensive knowledge of workers’ compensation laws and can assist you in navigating the legal process, ensuring your rights are protected, and helping you secure the compensation you deserve for your injuries. We can provide guidance and representation for your lifting injuries claim.
At Buchanan, Williams & O’Brien, we’ll work hard for your rights. From paperwork to negotiation and litigation, we got your back. Contact us today for a free consultation!
Frequently Asked Questions
Can My Employer Be Liable for Making a False Report About My Weight Lifting Injury?
Under Missouri Law, if your employer knowingly makes a false report about your lifting injury, they may be held liable for fraudulent or dishonest actions, potentially facing legal consequences depending on the jurisdiction and circumstances.
Can My Employer Fire Me After I Filed an Injury Claim?
No. An employer cannot legally terminate you as an injured worker. However, the employer may give you a lighter duty or change your assignment due to your injury. You may also be placed on temporary or permanent leave due to disability.
Can I Resign After Filing a Workers’ Compensation Claim?
Yes, you can seek another job due to your injury without giving up your claim.
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