Hernia Worker’s Compensation

Worker’s compensation covers wage replacement and medical costs for employees injured in the course of employment. In return, the employee no longer has the right to sue the employer for the tort of negligence. Any injury that happens in the course of employment may be liable for worker’s compensation. There must, however, be a connection between the injury and some condition, activity, environment, or requirement of the employment. Some injuries that fall under workers compensation are: injuries caused by sudden accidents, repeated physical motions, physical conditions aggravated by work conditions, and occasionally psychological stress caused by the job.  Therefore, hernia treatments in Los Angeles are covered under worker’s compensation whether it occurs on or off the premises of the workplace, as long as the required nexus exists between the employee’s work and the hernia.

Hernias that occur as a result of the workplace may be compensable even if they did not occur from an accidental injury but rather one from out of and in the course of employment. However the employee must prove the hernia’s connection to his or her employment as well as that it was not a preexisting condition, or if it was that it was exacerbated by working conditions. Additionally, the employer must be legally notified within thirty days of the incident. In such cases of illness there must be a clear connection between the job and the illness. Also, in examining a claim, investigators will look into factors such as diet, exercise, smoking and drinking habits, and hobbies that may affect or contribute to this particular condition.

If the hernia requires surgery for treatment, the employer will be obligated to compensate for the days the employee is out from work as well as the proposed treatment plan. If after treatment of the hernia, the worker is proved to have suffered a permanent partial, permanent total, or temporary total disability, the employer will pay disability based on state and federal provisions. However, if hernia surgery in Los Angeles is required and the employee chooses to elect out of it, the employer is only liable to pay compensation for seven and a half weeks. However, if the worker can prove that undergoing surgery will be unsafe given his or her previous medical history or age, the employer is liable to compensate the worker for 52 weeks.

It is imperative for injured workers suffering from a hernia that is related to their place of work to alert their employer of their condition and seek medical treatment. Untreated hernias can result in inflammation, hemorrhaging, and autoimmune problems among others. If electing for surgery, prospective patients should contact an expert hernia surgeon at SoCal Hernia to discuss the different surgical options.   

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