Workers’ Compensation for Overexertion Injuries in New Jersey

Overexertion is among the most commonly reported workplace injuries in the United States. Sprains, strains, repetitive stress, and other overexertion injuries sidelined over 255,000 U.S. workers in a recent year, keeping many out of work for two weeks or longer. Unfortunately, all employees are vulnerable to overexertion, no matter the industry. Everyone from a manual laborer to a desk worker could suffer an overexertion injury during their career. 

With so many people at risk, it’s natural for New Jersey employees to wonder whether the state’s workers’ compensation laws cover overexertion injuries. The short answer is yes — for most workers. Employers typically must provide workers’ comp benefits for employees who suffer from overexertion at work. However, it’s not always easy for injured workers to obtain the resources they need to recover from an overexertion injury. 

Applying for workers’ comp benefits is a bureaucratic process fraught with obstacles. One piece of missing information could lead to a claim denial. Rather than risk a delay or denial, get help from a workers’ compensation attorney at Davis, Saperstein & Salomon. Our aggressive workers’ compensation attorneys will fight for the benefits you’re entitled to under New Jersey law. Contact us today for a free consultation. 

We Get Results for Injured Workers

Since 1981, Davis, Saperstein & Salomon, P.C. has been helping the injured, including those with workplace injuries. In one case, we obtained a $266,898 workers’ compensation settlement for a man who injured his back lifting boxes. He was diagnosed with lumbar polyradiculopathy, spinal stenosis, disc bulges, disc herniation, and lumbar strain, and we worked with medical professionals to prove the extent of his injuries.

In another case, we helped a security officer who tripped over a sidewalk that was under construction. In addition to ensuring he got his workers’ compensation benefits, we also sued the property owner and construction contractor for their negligence in causing the injury. The case ended in a $3 million settlement. If you’ve been hurt at work, we can investigate to determine all potentially liable parties. 

We provide compassion and strength to our clients, and we act aggressively to get the results they deserve. Contact us today to schedule a free case review. We have Spanish speakers on-site and offer translation services for those who speak Korean, Polish, Italian, Albanian, Portuguese, and many other languages.

What are Overexertion Injuries?

Overexertion injuries are non-impact injuries caused by strenuous physical activity or repetitive motions, such as: 

• Lifting 
• Carrying 
• Holding
• Pulling 
• Pushing 
• Turning
• Twisting
• Bending
• Throwing
• Kneeling
• Typing

The stress and strain put on the body from vigorous movement, manipulation of heavy objects, or repetitive motions can cause musculoskeletal damage that doctors may diagnose as an overexertion injury. 

While overexertion injuries often occur in labor-intensive occupations such as construction, manufacturing, and agriculture, these injuries also plague individuals who work in retail, healthcare, hospitality, and offices throughout the Garden State. No one is immune. 

Common Types of Work-related Overexertion Injuries

Examples of overexertion injuries include:

• • Muscle and tendon strains or tears
  • Ligament sprains or tears
  • Herniated spinal discs
  • Nerve injuries, such as carpal tunnel syndrome, thoracic outlet syndrome, or sciatica
  • Hernias
  • Joint degeneration, particularly in the knees and ankles
  • Dislocations
  • Bone fractures
  • Heart disease
  • Heat stroke 

Causes of Overexertion Injuries

Every worker’s threshold for safely performing physical activities varies. Even in occupations where the presence of an overexertion workplace injury hazard is low, these individual differences can explain why some people are more vulnerable to injury than others. 

Common causes of overexertion at work include: 

• Improper training
• Fatigue
• Lack of ergonomic support
• Performing non-routine job duties 
• Working in extremely hot temperatures
• Unexpected events, such as ladder collapse or equipment failures
• Slip and falls

Each example of overexertion injuries can be lessened when employers and workers identify the job’s risks and take steps to mitigate obvious hazards. But even with every fail-safe in place, these injuries happen. Since workers’ compensation benefits are available regardless of fault, qualifying New Jersey employees are still eligible for coverage without showing that anyone caused their overexertion injury. 

How To Prevent Overexertion Injuries in the Workplace

Workers, especially those who perform lots of physical labor, should learn how to prevent overexertion injuries in the workplace. Although employers should provide training and equipment to help employees perform their job duties safely, you can do your best to prevent an overexertion injury by: 

• Learning and always following proper lifting techniques, which emphasize using the legs rather than back muscles to pick up objects.
• Always wear employer-provided safety gear. 
• Never lift anything too heavy for you to lift alone comfortably. Always ask for help with cumbersome items.
• Make sure you balance an item’s weight before lifting it. Shifting weight can cause strain on the body.
• Use gloves, handles, and carrying straps whenever possible.
• Make sure your employer instructs you on the proper and safe way to perform a job task. 
• Maintain an ergonomic workspace and use ergonomic tools or equipment such as lumbar supports and wrist rests.
• Take frequent breaks and regularly shift your posture throughout the workday. 
• Avoid using awkward body positions to perform tasks. 
• Limit your physical labor when working in hot or poorly ventilated workspaces. Drink water regularly to replace lost fluids. 
• Stop immediately if you feel a sharp pain or unusual feeling during strenuous activity. 

Can I File a Workers’ Compensation Claim for Overexertion Injuries?

Workers’ compensation provides employees with defined financial benefits if they suffer a work-related injury or occupational illness. Employers or their workers’ compensation insurers must pay benefits to an injured employee as long as they can prove the injury occurred on the job and because of the job. 

New Jersey workers’ compensation benefits include: 

• Medical benefits that pay for all reasonably necessary medical treatment, rehabilitation, and pain management for a work injury
• Partial wage replacement through temporary, permanent partial, or permanent total disability benefits
• Death benefits

Unfortunately, some employers try to avoid paying workers’ compensation benefits to employees who sustain overexertion injuries by claiming that the injury resulted from a pre-existing injury or degenerative disease, not an occupational injury. A workers’ comp attorney can help you file for benefits and collect the necessary supporting documentation if your employer denies or tries to terminate your benefits for a work-related overexertion injury. 

You are still entitled to a worker’s compensation settlement even if you caused or contributed to your on-the-job overexertion injury.  Another misconception is that if you are paid off the books or are an undocumented worker that you can’t get benefits.  You still can win workers’ compensation benefits for your injuries, and your employer cannot retaliate against you by firing you for making a claim.  

Talk to an Experienced Workers’ Comp Attorney in New Jersey Today

Getting workers’ compensation for an overexertion injury can help ease any financial burdens you experience while you heal. Maximize your chances of obtaining a full and fair settlement by hiring a proven attorney from Davis, Saperstein & Salomon, P.C.. Since 1981, our legal team has provided exceptional client service and recovered over $1 billion for over 35,000 people. Put us to work for you. Call or contact us today for a free consultation with a trusted workers’ compensation lawyer.