Lifting Injuries

Lifting Injuries

Lifting injuries are among the most common workplace accidents. They affect workers across virtually every industry and often result in chronic pain, disability, and lost income that affect victims for years or even permanently.

Whether you lift heavy objects regularly as part of your job or experienced a one-time incident that caused a serious injury, understanding your legal rights is essential. Options for compensation can protect your financial security and help you access the medical treatment you need to recover. Call the Law Offices of Alex Bonilla, San Francisco workers’ compensation lawyers, to schedule an appointment.

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Common Types of Lifting Injuries

Lifting injuries encompass a range of physical trauma that can affect multiple body systems. The most frequent and severe injuries involve the back and spine.

• Back Injuries: Lower back injuries, particularly to the lumbar region, are the most common lifting-related injuries. These include muscle strains and sprains, herniated or bulging discs, degenerative disc disease accelerated by lifting, compression fractures, and spinal cord injuries in severe cases.
• Muscle and Tendon Injuries: Lifting places enormous stress on muscles and connective tissues throughout the body. Torn muscles, strained tendons, damaged ligaments, and repetitive stress injuries develop from single traumatic lifts or accumulated microtrauma over time.
• Shoulder Injuries: Overhead lifting, in particular, can damage the shoulders. This causes rotator cuff tears, shoulder impingement syndrome, dislocations, and labral tears. These injuries frequently require surgical repair and lengthy rehabilitation.
• Neck Injuries: The neck supports the head during lifting and can be damaged when people use improper form or lift loads that are too heavy. Cervical strain, herniated discs in the neck, and whiplash-type injuries can result.
• Abdominal and Groin Injuries: Lifting can cause hernias when tissue protrudes through weak areas in the abdominal wall. These typically require surgical repair.

Causes of Lifting Injuries

Understanding why lifting injuries occur is essential for establishing liability and preventing future incidents.

• Improper Lifting Technique: Many workers never receive proper training in safe lifting methods. Common mistakes include bending at the waist instead of the knees, twisting while lifting, holding loads away from the body, and lifting too quickly without proper positioning.
• Excessive Weight: Lifting objects that exceed safe weight limits for individuals is a primary cause of acute injuries. OSHA and safety experts provide guidelines on maximum lifting weights. However, these are often ignored or unknown.
  Repetitive Lifting: Even relatively light objects can cause injuries when lifted repeatedly over time. Cumulative trauma disorders develop gradually as tissues are repeatedly stressed without adequate recovery time.
• Poor Workplace Conditions: Environmental factors contribute to many lifting injuries. These include cluttered workspaces that prevent proper positioning, inadequate lighting that makes it challenging to assess loads, slippery or uneven floors that destabilize workers, and a lack of mechanical lifting aids when needed.

Third-Party Liability Claims

While workers’ compensation is typically your exclusive remedy against your employer, you can pursue personal injury claims against third parties whose negligence contributed to your lifting injury.

• Equipment Manufacturers: Defective equipment that causes injury may lead to a product liability claim against the manufacturer (e.g., a faulty lift, dolly, or safety gear).
• Contractors and Subcontractors: Negligent contractors or subcontractors at multi-employer worksites can be liable for dangerous conditions that injure workers from other companies.
• Property Owners: Property owners can be liable for injuries caused by dangerous conditions on their property if you were there for deliveries or work.
• Co-Employees: In rare cases, the gross negligence or intentional acts of co-workers may result in personal liability beyond workers’ compensation.

Third-party claims allow you to recover full damages. These include pain and suffering, full lost earnings, and other compensation not available through workers’ comp. An experienced workers’ comp attorney can identify all potential third-party defendants.

Employer Duties and Safety Violations

Employers have a legal obligation to provide a safe working environment. OSHA regulations require employers to assess lifting hazards and implement controls to reduce injury risks. These controls include providing mechanical lifting aids, ensuring adequate staffing so workers aren’t forced to lift alone, training employees in proper lifting techniques, and rotating tasks to prevent repetitive strain injuries.

Frequently Asked Questions – Lifting Injuries

Can I receive both workers’ compensation and file a lawsuit for my lifting injury?

You can get workers’ comp and pursue a third-party lawsuit if another party caused your injury. Workers’ comp offers immediate medical and income benefits. A third-party claim seeks additional damages, such as pain and suffering, and full lost earnings. Workers’ comp may have a lien on your settlement. An attorney can help coordinate claims to maximize compensation.

What if my employer claims I caused my own lifting injury through carelessness?

Workers’ compensation is a no-fault system, meaning you receive benefits even if your negligence caused the injury, with exceptions for intoxication or self-harm. Employers cannot deny benefits due to carelessness, but may dispute whether the injury was work-related. Documenting the incident and seeking immediate medical attention is crucial.

How long do I have to report a lifting injury to my employer?

Time limits for reporting workplace injuries vary by state but typically range from 30 to 90 days. Some states have different deadlines depending on whether the injury resulted from a specific incident or developed gradually over time.

Missing these deadlines can result in the denial of workers’ compensation benefits. You should report lifting injuries to your employer immediately. Even if symptoms seem minor initially, prompt reporting protects your rights if the injury worsens.

What if my lifting injury developed gradually over time rather than from one incident?

Workers’ compensation covers both acute injuries from specific incidents and cumulative trauma injuries that develop gradually over time.

Can I choose my own doctor to treat a work-related lifting injury?

Rules regarding the selection of doctors for workers’ compensation treatment vary by state. Some states allow you to choose your own physician. Others require treatment through your employer’s designated medical providers or a workers’ comp panel.

What is the deadline for filing a third-party personal injury lawsuit after a lifting injury?

The deadline for filing a lawsuit, known as the statute of limitations, is separate from the time limit for reporting your injury to your employer. This deadline is set by state law and varies significantly depending on where the injury occurred.

Missing the deadline means losing your right to pursue compensation from negligent third parties.

Because the time limit is not the same in every state, you must consult with a knowledgeable attorney immediately to determine the specific deadline applicable to your case and protect your ability to file a claim.

Lifting Injuries? Contact a Workers’ Comp Attorney

Contact the Law Offices of Alex Bonilla today for a free consultation. Our experienced San Francisco personal injury lawyers will evaluate all aspects of your lifting injury case. We’ll ensure you receive maximum compensation from all available sources, allowing you to focus on your recovery.

Phone us at (415)761-3171. We’ll make sure any lifting injuries you suffer are fully compensated. Call us or contact us online now.

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