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Can I Get Workers Compensation for My Hernia?

Posted on in Workers' Compensation

crystal lake workers compensation lawyerA hernia is one of the most common workplace injuries. It occurs when an organ or fatty tissue is extruded through the casing of connective tissue that holds an organ in place. This tissue is called the “fascia” and contains many nerve cells giving it skin-like sensitivity.

Hernias are a widespread complication with a 1.7 percent prevalence among all age groups. It is estimated that nearly 5 million people in the United States are living with the condition.

The symptoms of a hernia can vary widely. Initially, they manifest in a protruding bulge that causes pain and sensitivity in the area. The afflicted may have difficulty bending over or picking things up. The bulge may increase in size over time, creating the sensation of bowel obstruction.

Types of Hernias

There are many different types of hernias, but the most common are:

  • Inguinal: The most common type of groin hernia, an inguinal hernia occurs when the intestine breaks the abdominal wall and enters the groin.
  • Incisional: A hernia frequently seen in older people, an incisional hernia occurs after abdominal surgery with the intestine pushing through the surgical site.
  • Femoral: Appearing most frequently in women, a femoral hernia occurs when the intestine enters the femoral artery canal in the upper thigh.
  • Umbilical: Newborns are at-risk for this hernia, which occurs when the intestine ruptures the abdominal wall near the naval.

Hernia and Workers Compensation

Hernia symptoms can make working difficult, especially if physical labor is part of the job. Thankfully, workers who suffer from hernias are eligible for workers’ compensation benefits.

A benefits package may include money to cover medical expenses and a percentage of their weekly income.

In order to qualify, they must demonstrate that the hernia is work-related and that it prevents them from performing their job duties.

The work-related requirement is satisfied if the hernia was: a) caused by a workplace accident; b) caused by workplace conditions; or c) aggravated by tasks incumbent with the injured’s employment.  

Note, Illinois is a no-fault workers' compensation state, which means that a worker can still qualify for benefits even if they are responsible for the accident that caused the hernia. However, this does not apply if they were under the influence of drugs or alcohol when the accident occurred.

Contact an Experienced McHenry County Workers Compensation Lawyer

Coping with a workplace injury is difficult. Besides physical suffering, you may be left unable to work while facing other challenges, such as medical debt. Thankfully, workers’ compensation exists to alleviate much of this uncertainty. Unfortunately, navigating the workers’ compensation application process is difficult.

Employers and insurance companies think up creative ways to avoid paying workers’ compensation benefits. They may claim the injuries are not job-related or argue that you can still perform your job duties.

Thankfully, the law is on your side. An experienced workers’ compensation lawyer can show your employer and their insurance company that you mean business. If your application is denied, they can file an appeal and provide a vigorous defense of your rights before an administrative hearing or judge.

Botto Gilbert Lancaster, PC understands the important role workers play in our society and is dedicated to helping them vindicate their rights through the legal system.

If you need a McHenry County workers compensation lawyer that prioritizes client needs, contact Botto Gilbert Lancaster, PC today at 815-338-3838 for a free initial consultation.

 

Source: 

https://vitalcarefp.com/facts-about-hernias/

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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