LAW OFFICES OF DENNIS A. DASCANIO

Overexertion Injury Lawyer

Quick answer: Overexertion injuries, caused by lifting, pushing, pulling, carrying or holding at work, are covered by California workers’ compensation whether they happen in a single moment or develop over time. You do not have to prove fault. Report the injury within 30 days and file within one year, and be prepared for the insurer to argue that the condition is degenerative.

Overexertion is consistently ranked as the leading cause of serious nonfatal workplace injuries in the Liberty Mutual Workplace Safety Index. It is the strained back after lifting a heavy box, the torn shoulder after pulling a stuck pallet, and the hernia after carrying equipment up a ladder. It is also the slow damage that builds when the same heavy motion is repeated thousands of times a week.

What Counts as an Overexertion Injury

  • Lifting and lowering loads, especially from the floor or overhead
  • Pushing and pulling carts, pallets, patients or equipment
  • Carrying materials across job sites or up stairs
  • Holding awkward positions, such as reaching overhead or working bent over
  • Twisting while handling a load

Common Overexertion Injuries

  • Lumbar strains, herniated discs and radiculopathy (nerve pain down the leg)
  • Neck injuries and cervical disc herniations
  • Rotator cuff tears and shoulder impingement
  • Inguinal and abdominal hernias
  • Elbow and wrist tendon injuries
  • Knee injuries from squatting and lifting

Spinal injuries are the most frequent and the most disputed. See back and neck injuries and L4-L5 and L5-S1 settlements.

Who Is at Risk

Overexertion injuries are common among warehouse and distribution workers, construction trades, nurses and caregivers, delivery drivers, janitorial staff, restaurant and hotel workers, and manufacturing employees. In the Inland Empire, where logistics jobs are concentrated, we see them constantly. See warehouse injuries.

Specific Injury or Cumulative Trauma

California recognizes two kinds of injury. A specific injury happens at one identifiable moment, such as a single lift. A cumulative trauma injury results from repeated activity over time. Many overexertion claims involve both: years of heavy work followed by one lift that finally causes a disc to herniate. Filing the claim with the right injury dates protects your rights against every employer and insurer responsible during that period.

The Degeneration Defense

Insurers often argue that an overexertion injury is simply age-related wear and tear. Under California law, the doctor must address apportionment, meaning what percentage of the permanent disability was caused by work and what percentage by other factors. Prior degeneration that caused no symptoms or limitations is not the same as prior disability. How the Qualified Medical Evaluator handles apportionment can change the value of a claim substantially, which is why preparing for that evaluation matters.

What to Do

  • Report the injury in writing, even if you think it is minor.
  • Tell the doctor exactly what you were lifting, how heavy it was, and how often you did it.
  • List every body part that hurts.
  • Follow work restrictions and keep copies of them.

Learn about workers’ compensation benefits, lost wages, and filing deadlines.

Talk to a Certified Specialist at No Cost

Dennis A. Dascanio is certified by the State Bar of California Board of Legal Specialization as a specialist in workers’ compensation law and has represented injured workers since 1987. Consultations are free, and attorney fees are approved by the judge and paid only from benefits recovered. Call the office nearest you: Santa Ana 714-550-7002, Ontario 909-460-6900, or San Diego 619-338-8399. Se habla español.

This page provides general information, not legal advice for your situation. Every claim depends on its own facts.