Hernia injuries are very common in the United States, especially for men over 50. Although not all hernias are serious, some can be. And, if you work a job where you are doing a lot of heavy lifting or spend a lot of time on your feet, you may be at a higher risk for a hernia.
If you’ve been affected by a work-related injury, you may qualify for workers’ compensation. Reach out James Koh, workers’ compensation lawyer, to discuss your legal options and learn more about how we can help you.
Understanding Hernias
Hernias occur when an internal organ or tissue protrudes through a weak spot in the surrounding muscle or connective tissue, typically forming a noticeable bulge. This condition often results from strain, muscle weakness, or injury and can occur in various areas of the body. In the context of workplace injuries, hernias frequently arise due to lifting heavy objects, repetitive strain, or sudden movements that put excessive pressure on the abdominal or groin area. While hernias can develop gradually over time, they can also occur suddenly, causing significant discomfort and impairing one’s ability to perform regular job duties.
Types of Hernias
There are several types of hernias, each occurring in different areas of the body:
- Inguinal Hernias: These are particularly common, and they occur in the groin area. They are particularly prevalent among individuals engaged in manual labor or heavy lifting.
- Umbilical Hernias: This type of hernia develops around the navel
- Hiatal Hernias: A hiatal hernia generally occurs when the upper stomach protrudes through the diaphragm into the chest cavity.
- Incisional Hernias: These develop at the site of a previous surgical incision. You may be at risk of an incisional hernia when you return to a manual labor job after having a surgery.
- Femoral Hernias: These occur in the upper thigh or groin area.
Symptoms of a Hernia
Recognizing the symptoms of a hernia is crucial for prompt diagnosis and treatment. Common signs include a visible bulge or lump in the affected area, which may become more pronounced when standing, coughing, or lifting heavy objects. Discomfort or pain at the site of the hernia, especially during physical activity or when straining, is also typical.
In some cases, individuals may experience symptoms such as nausea, vomiting, or a feeling of heaviness or pressure in the abdomen. If left untreated, hernias can lead to complications such as incarceration (when tissue becomes trapped in the hernia) or strangulation (where blood flow is cut off), which require immediate medical attention.
Benefits Available After You Have Experienced a Work-Related Hernia
In California, workers who sustain hernia injuries on the job may be entitled to various benefits through the workers’ compensation system. These benefits typically cover medical expenses related to the diagnosis, treatment, and rehabilitation of the hernia, including surgeries, medications, physical therapy, and follow-up care.
Additionally, workers’ compensation may provide disability benefits to compensate for lost wages during recovery periods or if the hernia prevents the individual from returning to work temporarily or permanently.
It’s essential for injured workers to report their hernia injury promptly to their employer and seek legal guidance to navigate the workers’ compensation claims process effectively.
Proving a Hernia Injury Workers’ Compensation Claim
To successfully obtain workers’ compensation benefits for a hernia injury, individuals must demonstrate that the injury occurred in the course of employment and was directly related to job duties or conditions. This often involves providing medical documentation, including diagnostic tests, treatment records, and physician evaluations, to establish the presence and severity of the hernia. Additionally, documenting the circumstances surrounding the injury, such as witness statements or incident reports, can strengthen the claim. Working with an experienced workers’ compensation attorney can be invaluable in gathering evidence, navigating legal requirements, and advocating for the injured worker’s rights throughout the claims process.
Can I File a Hernia Injury Claim Against My Employer?
In California, workers who sustain hernia injuries while performing job-related tasks are generally eligible to file a workers’ compensation claim against their employer. The state’s workers’ compensation system is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. This means that workers do not need to prove negligence on the part of their employer to receive compensation for hernia injuries incurred on the job.
However, it’s essential to follow specific steps to ensure eligibility for workers’ compensation benefits in California. Firstly, injured workers must promptly report their hernia injury to their employer, typically within 30 days of the incident, although there are exceptions to this rule in certain circumstances. Failing to report the injury within the required timeframe could jeopardize the worker’s ability to pursue a workers’ compensation claim.
Once the injury is reported, the employer is responsible for providing the injured worker with a claim form (DWC-1) and notifying their workers’ compensation insurance carrier of the injury. The insurance carrier will then investigate the claim and determine whether to accept or deny benefits based on the circumstances of the injury and applicable state laws.
In California, workers’ compensation benefits for hernia injuries may include coverage for medical treatment, temporary disability benefits to replace lost wages during recovery, permanent disability benefits if the hernia results in lasting impairment, and vocational rehabilitation services if the worker is unable to return to their previous job.
In some cases, injured workers may encounter challenges when filing a workers’ compensation claim, such as disputes over the severity of the injury, eligibility for benefits, or retaliation by the employer. In such situations, seeking legal representation from a knowledgeable workers’ compensation attorney can help protect the worker’s rights and ensure they receive the benefits to which they are entitled under California law.
Overall, workers in California have the right to pursue workers’ compensation claims for hernia injuries sustained in the course of their employment, providing them with essential financial support and access to necessary medical care during their recovery process.
How Can A Workers’ Compensation Lawyer Help You?
A workers’ compensation lawyer can provide crucial assistance if you’ve suffered a work-related hernia. They offer expert legal advice, handle paperwork and communications with insurance carriers, and advocate for maximum benefits. Most importantly, they can represent your interests in disputes over benefits. By navigating the complexities of the workers’ compensation system, they help injured workers secure the support they need to recover and move forward.
Call James Koh today to discuss your legal options and learn more about how we can help you.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
