A hernia can be an incredibly painful and debilitating medical condition that can keep someone out of work for a significant amount of time. In fact, it is estimated that most patients take about four to six weeks to completely recover from a hernia. This is a lot of time to go without a paycheck, which is why many people wonder if their hernias make them eligible for workers’ compensation. Here’s what you need to know about recovering workers’ compensation benefits for hernias:
When You Can Be Compensated For A Hernia
Being diagnosed with a hernia does not necessarily make you eligible for workers’ compensation benefits. In order to obtain benefits, the injury must meet a number of requirements, including:
- The hernia must have been caused by a sudden movement or strain.
- The injury causes a great deal of pain that affects the employee’s ability to work.
- The employee went to a licensed physician for treatment due to the severity of the pain.
For example, let’s say you feel a sudden and intense pain while lifting heavy objects at work. The pain is so unbearable that you quickly visit a doctor to determine what’s wrong. If the doctor tells you it’s a hernia, you could be awarded workers’ compensation since you meet all of the requirements listed above.
Workers’ Compensation For Hernias
Most injured workers who are approved for workers’ compensation for their hernias will receive temporary total disability benefits for six weeks. However, there is one situation where an injured worker with a hernia will receive benefits for a longer period of time. If a doctor has recommended surgery to treat the hernia, but you do not want to undergo the operation, you can receive benefits for up to 13 weeks.
Hernias are highly treatable, so it is rare that this condition will result in death. But if it does, the victim’s surviving family members are eligible for workers’ compensation death benefits. Death benefits are only awarded when the victim’s death was caused solely by the hernia or a surgical procedure performed on the hernia. The death must also occur within one year of the injury, otherwise the victim’s family members are not eligible for death benefits.
If you have been diagnosed with a hernia, you may be eligible for workers’ compensation benefits. Let our experienced attorneys review your case to determine if you qualify. Please call Armstrong & Vaught, P.L.C. today at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with an experienced attorney.