Are Hernias Covered Under Workers’ Compensation?

Notifying your employer as soon as possible after experiencing a hernia is crucial. Workers Comp Lawyer MO

Any injury that occurs while you are on the job should be covered under workers’ compensation, and hernias fall under this category. Yet insurance companies will still oftentimes deny claims on various grounds. Having an experienced workers’ compensation attorney on your side will help you to get the benefits that you deserve and prove that your injury happened at work. In order for a claim to be successful and to receive workers’ compensation benefits, you will need to prove that the injury is work related or happened while at work. Whether you need to prove that your condition is merely work related or if it needs to have happened at work, depends on the state you live in and the existing workers’ compensation laws.

What Are Hernias?

Insurance companies will sometimes deny claims on the grounds that the medical condition is preexisting or unrelated to your work. It is then up to the employee to prove that this is not the case. It is important to have an experienced workers’ comp attorney and a trusted doctor’s opinion to support this claim. Hernias are fairly common work injuries for individuals whose jobs require heavy lifting. Hernias are a tear in the abdominal wall, resulting in the surrounding fat or external organs to pass through the tear. Lifting heavy objects can put stress on any areas of the abdominal wall that are weakened, and is the leading cause of workplace hernia injuries. Hernias will most likely require surgery to repair. Just how complicated the surgery will be will depend largely on the extent of the injury and the tear.

The burden of proof falls on the employee to prove that the condition is related to or the direct result of work duties. Legal advice may be necessary as insurance companies may look at your diet and exercise habits, as well as smoking, drinking, or other activities that they could possibly attribute as the cause of your condition. Some states have laws that specifically apply to hernia workers’ compensation cases, so consulting an attorney who understands what rules govern your case is very important.

What To Do If You Experience a Hernia At Work

Hernias that occur as the result of your employment should be covered under workers’ compensation. Hernias will often require surgery to fix, and your workers’ comp should cover the surgery and the subsequent days off of work due to recovery that you will go through.

Notifying your employer as soon as possible after experiencing a hernia is crucial. You may be required to notify your employer of your condition within 30 days or you will be denied benefits. Seeking medical treatment right away is always important, and hernias that are not treated can have serious medical consequences. Hernias should be treated medically as soon as possible as well, so do not waste any time.

Hernia cases can be complicated because you are usually required to notify your employer within a certain amount of time after the injury. However, some cases are not diagnosed immediately or are initially misdiagnosed. If by the time an employee receives an accurate diagnosis and treatment plan, this window has closed, the insurance company can deny the claim.

Missouri Workers Compensation Attorney

Our legal team has a strong history of helping injured workers get the medical attention and financial compensation that they need. Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call (314) 361-4300 or toll free at (888) 872-6795.

  • kevin manes

    on job, not report to employr. right away cause had small twinge back, lift frame horn, co-worker frame man there wioth. 2 days, cough sat. when wake, test. sore, went pee. noticed swollen top left above penis, went er next day 9-21-14, DR. said that cause work, hernia pouch out latr. from strain cough. refer surg. not remmbr. lift frame, cause i have 5 pages job duties, cleaner , nothing but clean vehicles. wreck yard, auto rebuild. surgeon said tell emplyr. work relatd. , 10-15-14, followup after surg.10-2-14, then after phone statmnt, with emplyr indpndnt, ins. on 10-28-14, where he said hernia has to hurt and be out at time occur, to be hernia work comp lawe. surgeon, 10-29-14, says same story, word for word. recovry. room 10-2-14, surg, said avcccdmntly cut inguinaal nerve. put block on keft leg. release go home take 2 steps, left knee do fish, face first knee gone, she want me pay see dr. no help. mem ins. of emplyr. got surg. report frm emplyr. that i gave him, said no specific mention cause hernia work related, no claim,,,, denied nothing done.