Can I Get Workers Comp for a Hernia?

What is a Hernia & What Causes It?

 

A hernia is an injury that occurs when an organ (or fatty tissue) pushes through a weak spot or tear in the surrounding muscle tissue, often caused by sudden pressure forcing the organ or tissue through the weak spot. The most common types of hernias occur in the groin & the stomach region.

Although other factors, such as obesity & smoking, can increase a person’s risk for hernias, heavy lifting is a very common cause of hernia injuries & as such is a common complaint for patients seeking workers compensation.

 

Is My Hernia Injury Covered by Workers Comp?

 

To be eligible for workers’ compensation, you must be able to prove that your hernia is a work-related injury. This means that you need to demonstrate that it was caused by an accident while doing your regular work duties, caused by the conditions of your work, or aggravated by the conditions of your work if it was already a pre-existing condition.

Hernia claims are treated the same as any other workplace-related injury claim, but they are generally easier to prove, especially if the following occurs:

  • The hernia was caused by a specific occurrence.
  • You experienced sharp and/or burning pain & felt as if you strained something.

Here are some examples of a specific occurrence. If your hernia occurred while you were at work doing some of the following, or shortly afterwards, there’s a good chance it’s work-related:

  • Were you lifting heavy boxes into, or out of, a truck?
  • Were you helping other employees trying to move a heavy piece of equipment?
  • Were you pulling hard on something that wouldn’t come unstuck?
  • Were you participating in prolonged lifting of relatively smaller loads without a break?

Most importantly, if you’ve experienced a hernia, go see a doctor as soon as possible. Also, do not wait to notify your employer of any injury, and file a claim. Most states have statutes of limitations on when you can file your claim.

We here at Emu Health can assist you fully with both the legal process of filing the claim & the medical care to treat your hernia injury. If you think you have suffered a hernia during the course of your work, please visit us at https://www.emuhealth.com/workers-comp/ and we’ll help you get started.