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St. Louis Workers Compensation & Work Injury Lawyer - Law Office of James M. Hoffmann

St. Louis Workers Compensation & Work Injury Lawyer - Law Office of James M. Hoffmann

Work Injury Attorney

Back Injury

Injured at Work Due to Overexertion – How to Prove It

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If you have been injured at work due to overexertion, you should be receiving treatment for all of your injuries.

Overexertion is the second leading cause of workplace injuries and accidents in the U.S. Overexertion injuries result in pulled muscles, back pain and can create several different health problems because the body cannot handle the additional physical or emotional pressure. As a result, these injuries cost more than $15 billion a year in workers’ compensation costs.

If you have been injured at work due to overexertion, you should be receiving treatment for all of your injuries. Do not let the insurance carrier deny you benefits. The Law Office of James M. Hoffmann can help you prove that your injuries are work-related.

What is Workplace Overexertion?

Overexertion in the workplace occurs when a worker becomes too tired to do their job. It is an event or an exposure that leads to an injury due to excessive physical effort such as pulling, lifting, turning, holding, throwing, or carrying.

Overexertion is a type of fatigue and can increase until it becomes distressing and eventually debilitating. According to OSHA, fatigue symptoms can be both mental and physical and vary and depend on the person and their degree of overexertion. Some symptoms of fatigue include:

  • Sleepiness
  • Weariness
  • Irritability
  • Lack of motivation
  • Reduced alertness and lack of concentration
  • Depression
  • Headaches
  • Loss of appetite and digestive problems

Injuries Due to Workplace Overexertion

Several injuries can arise due to workplace overexertion from lifting, pushing, pulling, carrying, holding, and more. Some of the most common injuries associated with overexertion include:

  • Muscle strains – Pulled muscles are common when a person overexerts themselves while performing a task. Muscle strains may not seem like a serious injury. However, they can often prevent a worker from being able to perform their job. When a worker tries to push through the pain, it can lead to other more serious injuries.
  • Back Injuries – This is one of the most common injuries associated with overexertion. Back injuries can range from mild to severe, such as mild strains to spinal cord injuries. These injuries can require time off from work, physical therapy, and sometimes surgery.
  • Neck injuries – This is a sensitive area of the body that can be seriously affected by overexertion. They can range from mild to severe.
  • Joint, tendon, and connective tissue injuries – These parts of the body are intricately involved in the act of pushing, lifting, holding, pulling, and carrying. Overexertion in these essential parts of the body can cause tears, dislocation, inflammation, and much more.

How to Prove Your Injury is Work-Related

As the second leading cause of workplace injury, you would think it would be easy to prove your workplace overexertion injury. However, workers’ compensation is often not something you simply file for and receive. Many times you have to take an active role in getting access to your rights. There are many things you need to understand in the process.

If you have been injured on the job due to overexertion, it is important to document everything yourself, right from the start! If you are injured at work, it is important to follow these steps:

  • Notify your employer/supervisor
  • Seek immediate medical attention
  • File the appropriate paperwork
  • Contact an injured at work lawyer

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

The High Cost Of Back Pain After a St. Louis Work Injury

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Back injuries are often painful, life-changing, and result in very high costs.

Back injury is a rather vague term that can be used for a variety of different back problems. And according to the Bureau of Labor Statistics, these back injuries affect around 1 million workers in the US and account for nearly 20% of all injuries and illnesses in the workplace.

They are painful, life-changing, and they often come attached with very high costs.

st. louis worker with lower back pain

The Price of Back Injuries

Back injuries take a toll both on workers and businesses and often result in high costs all around. According to the CDC, employers pay around $1,685 per employee every year for back-related issues alone, which in total comes up to $225.8 billion across the entire nation.

The average back-related claim against an employer can pay anything between $40,000 and $80,000 according to some estimates, and that does not take into account any financial losses that may occur because of loss of productivity.

The employee who goes through these injuries may have to carry some costs as well, though these are the kinds that are much more difficult to estimate. These can be:

Unfortunately, back injuries aren’t always preventable, even if your employer offers the best working conditions and proper training to lower the risks.

What to Do If You’re Injured

First, it’s essential not to dismiss any pain in your back hoping it will go away. Back injuries aren’t always the result of a direct blow to your spine – they can even be caused by repetitive motions, such as always lifting and carrying heavy objects. So even if you did not experience an accident per se, it’s essential to get medical attention as soon as the first signs of trouble appear.

If your injury is work-related, you’ll need to notify your employer in writing and tell them you want to begin the worker’s comp process. In Missouri, your employer has the right to choose the doctor who will be treating you during the worker’s comp case, a decision often left for the insurance company to make. If you go to your own doctor first, the costs of this visit and any treatment you may have taken will likely not be reimbursed.

After notifying your employer, they will give you the name of the doctor who will treat you. This can take a few days, or you may be taken directly to this doctor if you need immediate care.

Discuss Your Case With a St. Louis Compensation Lawyer

It’s in your best interest to speak with a St. Louis worker’s compensation attorney for your back injury claim. Though not a requirement, having a lawyer by your side can ensure that your legal rights are protected and you do not end up settling for less than you are legally entitled to.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Workers Compensation for Back Injuries Caused by Poor Ergonomics

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Back injuries are common among Missouri workers and are often caused by poor ergonomics.

Workplace ergonomics refers to the process of designing the workplace while having the worker in mind. The idea is to create a well-balanced environment that doesn’t put too much strain on the worker, and as a result, increase performance and productivity.

For instance, an element in workplace ergonomics is making sure workers can have an appropriate posture while working, which may, in practice, translate to making sure they have good chairs while working on their desks.

However, if your workplace ergonomics lead to back injuries, can you get worker’s comp for it?

back injury caused by poor ergonomics

Yes, These Injuries Are Generally Eligible

The notion that workplace ergonomics influence a worker’s health is not a new idea. In fact, NIOSH even has an entire program dedicated to helping workers identify risks and improve the staff working environment to prevent injuries, in particular back injuries.

As a result, your back injuries, which were caused by poor ergonomics, are generally eligible for worker’s compensation benefits. Ideally, you’d just have to file a claim and wait for treatment.

Why You May Hit Some Bumps 

Employees working at a desk are some of the most likely to experience back injuries, contrary to popular belief. People can spend hours on end sitting in the same position, and if their workstations are not properly set up in a way to ensure they have an adequate posture, back injuries are bound to happen.

The same goes for injuries caused by twists, turns, or lifting heavy objects – they are often directly influenced by poor ergonomics.

Such an injury doesn’t always appear in a blink of an eye. It’s sometimes the result of long-term exposure to this improper environment, which could lead to a few hicks in your worker’s comp process.

Specifically, the insurance company doesn’t want to pay for just any worker claiming their injuries resulted from the job, so in case there is no one event that leads to an injury, they will likely investigate. 

This can be problematic for you because, for one thing, it can potentially delay your treatment. You cannot choose your own worker’s compensation doctor in Missouri, and if the insurance company isn’t 100% sure of your case, they likely won’t give you the green light to see the doctor until they are. Plus, it can end up in a denied claim if the injured worker doesn’t understand how to build a strong case.

What Should You Do?

It’s best to work with a St. Louis worker’s compensation lawyer who can help you prove your back injuries have resulted from poor ergonomics. What this means exactly depends on each case, but it will usually consist of medical proof and expert testimonies that can link your injuries to your work environment.

Working with a lawyer can also speed up the compensation process and get you your much-needed medical treatment.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Calculating the Cost of a Sciatica Work Injury Claim

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Experiencing pain along the largest nerve of your body is not a pleasant way to live. Sciatica patients are often affected by the long-term, although some of them are able to recover in a matter of weeks or even days.

sciatica work injury

If you are struggling with long-term sciatica that was caused by your working conditions or a work injury, you should start exploring your options in terms of legal benefits. You may be entitled to worker’s compensation.

Evidence to Support Your Sciatica Workers Comp Claim

Workers’ compensation is a protection system for employees who are injured while at work or suffer from an occupational disease. You should review your claim carefully before submitting it, and do it in a timely manner. Make sure you include evidence of medical services and treatment needed until recovery and evidence related to lost wages.

In order to get your claim approved, you must prove that your sciatica was caused directly by a work injury (like straining your back while lifting heavy objects) or by a repetitive stress injury (like working from a non-ergonomic station.) The most important evidence in a workers’ comp claim are medical documents: 

  • Make sure to have copies of all your medical records
  • Verify that your medical reports include an estimated time off work, cause of sciatica and recommendations (treatment and/or referrals to other doctors)

To maximize your settlement, be careful to file your claim within the required time limits. In Missouri, you have 30 days to report your injury to your employer and two years to file a workers’ compensation formal claim. 

Calculating the Cost of Your Sciatica Claim

The final cost of your workers’ compensation settlement depends on the severity of your sciatica and how it affects your life in the long-run. Some rare, severe cases of sciatica cause paralysis and result in a disability rating. Others require surgery, while many of them will be treated without intervention, but do require time off work.

These factors determine what your settlement will be. Since workers’ compensation is quite limited in terms of the kind of damage it covers, it’s not very complicated to calculate your settlement. 

By estimating your lost wages for the period of time you will be off work and by adding up all your medical bills (from consultations to testing and medication), you can get an idea of what your settlement will be. 

Speak With a Lawyer 

Contact a St. Louis work injury attorney to get a more accurate estimate of your sciatica workers’ comp settlement. They will also help you file the claim and negotiate with insurance adjusters. 

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Why Work-Related Back Injuries Are Common Among Salespeople

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Salespeople are, unfortunately, prone to back injuries. If your job causes you harm, you should not carry the financial burden for your treatment yourself.

Salespeople seem to always have a smile on their faces, a warm voice, and a drive to get you to buy something. From the outside, they may seem like they have a rather cushy job which can be stressful, but at least it’s not physically demanding. Right?

The problem is, salespeople are actually prone to certain injuries, especially back injuries. What kind of compensation is available for them?

office worker back pain

Potential Back Injuries

Salesperson is a rather vague term that can describe just about anyone who needs to sell a product or service on behalf of a company. These jobs can often involve the person traveling from company to company to sell the product or even just work in an office and handle these tasks by phone or online.

But for both of these types of salespeople, there is a risk of developing back injuries because of several factors:

  • The sedentary work environment for salespeople operating from an office
  • Many hours spent driving
  • Manual handling of heavy cargo to offer samples to potential customers
  • Working long hours, often in a stressful environment that doesn’t allow the salesperson to take many breaks

Salespeople also depend on the number of sales they make for their income since they usually receive a commission for the profit they bring into the company. This can encourage a lot of workers to push their bodies beyond what they can handle. One study found that 100% of salespeople in the pharmaceutical industry have to work from their car at some point, and spend an average of 20.2 hours per week in the car.

All of these factors can lead to back injuries such as:

  • Lower back pain
  • Sprains
  • Tears
  • Soft tissue damage

Getting Compensated for Your Work Injury

Missouri workers are covered by the state’s worker’s compensation program, which stipulates that most employers must offer their employees special benefits for work-related injuries, which include covering medical treatment, and time of work.

However, for salespeople, there may be an issue: worker’s comp laws generally only apply to employees, and not independent contractors. If you work with a company as an independent contractor, then the company is not required to offer these benefits. You can, however, purchase your own policy to protect yourself.

If you are employed, you need to notify your employer of your injury, in writing, and wait for them to tell you what clinic you need to go to.

Should You Speak With a Workers Compensation Lawyer?

Salespeople are, unfortunately, prone to back injuries. If your job causes you harm, you should not carry the financial burden for your treatment yourself. Speak with a St. Louis worker’s compensation lawyer for further assistance to get compensated. Even if you’re an independent contractor, there may be a way to get compensated for your injury under certain conditions.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

How Soon Can I Return to Work After a Lower Back Injury?

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If you are experiencing ongoing pain and/or other symptoms, this can make it difficult for your doctor to approve your returning to work.

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Even after receiving good medical treatment, many people experience lingering pain and problems after suffering a back injury in the workplace. Many back injuries require an employee to take time off from work so that the injury can heal properly.

While workers’ compensation benefits cover a portion of lost wages, an injured worker may be anxious to get back to their job as soon as possible. These benefits will usually only cover around 66% of lost wages, and that gap in wages may strain the finances of the worker and their family.

If you have injured you back at work, you may be anxious to know when you’ll be able to return. To answer this, your treating doctor will probably consider your work status and restrictions at each of your doctors visits. If you are experiencing ongoing pain and/or other symptoms, this can make it difficult for your doctor to approve your returning to work.

It Depends on Your Injury

“Back injury” is a rather vague term that can refer to a variety of different conditions. There are three possible types of injuries:

  • Soft tissue injuries, when the muscles or nerves surrounding the lower back are affected
  • Spine injuries, meaning the bones are affected
  • Herniated discs

All these injuries can have different symptoms and require their own unique course of treatment. Some lower back injuries allow the worker to be mobile and only cause pain when certain actions are performed, while others may require bed rest and physical therapy to treat.

Based on the type of lower back injury, you can also find out the treatment timeline, which can take anywhere from a few weeks to a few months, possibly more. If adequate treatment is not offered, damage may even be permanent.

You Can Return to Work While Still Being Treated

Most people think they will return to work once they are completely healed of their lower back injury, but that’s not always the case. It is possible for your doctor to clear you for light work, even if your injury is not completely healed.

In these cases, you can return to your job on a slightly modified position that can accommodate your condition. For instance, if your doctor says you can work, but should not stay on your feet for long hours, your employer may offer a desk job until you are completely healed, or allow you to take more breaks to rest.

However, keep in mind that your doctor may not completely be aware of what your job requires, and how it can strain your lower back. They can look at your condition and see that it is healing nicely, and recommend you for light work, but even that modified activity can be strenuous. Talk to your doctor and explain exactly what your job entails to avoid getting clear for work too soon.

Talk to a Work Injury Attorney

If you have injured your back at work, contact a St. Louis Work Injury Attorney to help you with your claim. The Law Office of James M. Hoffmann specializes in representing injured workers. When we take your case, we make recovering benefits for you our priority, and we put decades of experience, a proven record of success and a client-focused approach behind your workers’ compensation case.

Have you been injured in an accident?
Call (314) 361-4300.
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