Strain and Sprain
Soft tissue injuries, like strains and sprains, are frequently caused by workplace conditions. Although strains and sprains are not life-threatening injuries, they nonetheless are painful and often require costly medical care. Additionally, they can impact a person’s ability to work. As such, people who suffer sprains and strains in the workplace may be owed workers’ compensation benefits and should probably speak to an attorney regarding their rights. Joseph Richards of Law Office of Joseph Richards, P.C. is a diligent Riverside workers’ compensation attorney, and if a client sustained an injury at work, he will gather the evidence needed to prove the harm is work-related and help seek any benefits a client may be owed. We have offices in Corona and Santa Ana, and we frequently help people pursue workers’ compensation benefits in Riverside and San Bernardino County and other counties throughout California.
Strains and Sprains ExplainedStrains and sprains are both soft tissue injuries. While they are typically treated with non-invasive measures, like physical therapy, rest, and assistive devices, they can take a significant length of time to heal and prevent people from earning an income while they are recovering. Strains arise when muscles or tendons are stretched excessively or overworked. On the other hand, sprains are caused when a ligament connected to a joint is stretched or injured without dislocating or tearing. Strains and sprains can both be caused by repetitive movements that cause stress in joints and muscles, but they can also arise from an acute incident, like a slip and fall accident. Strains often occur in the back, hamstrings, and shoulders, while sprains commonly arise in the ankles, knees, and wrists.
Establishing a Strain or Sprain Is Work-RelatedPeople that suffer injuries at work must prove their eligibility to recover workers’ compensation benefits. First, they must establish the existence of an employee-employer relationship. In other words, independent contractors, volunteers, and other non-employees do not fall under the protection of the California Workers’ Compensation Laws. They must also demonstrate that their harm is work-related, which means that it occurred when in the scope and course of their job duties. If a strain or sprain arises following an accident, such as a fall, it is relatively easy to link it to the workplace, but if it is caused by repetitive motions, the employer may attempt to argue that it did not arise out of workplace conditions. In such cases, the injured employee may need to be examined by a doctor who may provide an opinion to prove that their harm is work-related.
Benefits Recoverable for Sprains and StrainsPeople who cannot work due to strains or sprains sustained at work may receive medical benefits. Typically, this includes any medical treatment deemed reasonable and necessary to treat their injuries and often includes braces, physical therapy, and assistive devices. If they cannot work due to their strain or sprain or are forced to work at a reduced capacity, they may be owed disability benefits as well. Disabilities are classified as either temporary or permanent and total or partial. Temporary total disability benefits are based on a percentage of a person’s wages at the time of their injury, subject to certain limits.
In contrast, temporary partial disability benefits represent a portion of the difference between their pre-injury and post-injury income. Temporary disability benefits typically end when a person reaches maximum medical improvement or returns to work at full capacity. People who sustain partial or total permanent disabilities may be able to recover permanent disability benefits.
Contact a Riverside Attorney Today to Discuss Workers’ Compensation ClaimStrains and sprains often linger, causing pain and reduced income for an extended period. If you sustained a strain or sprain while working, it is wise to talk to a lawyer about what benefits you may be owed. Joseph Richards of Law Office of Joseph Richards, P.C. is a dedicated Riverside attorney proficient at helping injured employees protect their rights in workers’ compensation cases, and he possesses the experience and resources if needed to demonstrate an injury was work-related to help clients recover benefits. We have offices in Santa Ana and Corona, and we regularly represent injured employees in workers’ compensation lawsuits in Riverside and San Bernardino County and throughout California. You can reach us by calling (888) 883-6588 or via our form online to set up a free and confidential meeting.