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Job-Related Hernias: Can You Claim Worker's Compensation?

13 October 2015 by Franklin Vasquez

There is a litany of health problems that you can claim worker's compensation for, so long as the injury or health concern was acquired at work or from the substances with which you have contact while you are working. This includes job-related hernias, which are entirely possible for both men and women. If your employer refuses to reduce your workload, remove you from the duties that caused your hernia and/or pay you worker's compensation, you need worker's compensation lawyers. You can claim worker's compensation for a hernia, but there are some conditions that apply. Your lawyer can help you meet those requirements.

Two Types of Hernias and How Your Job May Be to Blame

There are two types of hernias: inguinal and hiatal. Most men get inguinal hernias from improperly lifting extremely heavy objects, or from constantly lifting objects, which can weaken the abdominal wall between the pelvic floor and the the rest of the abdomen. This results in part of the intestines forcing its way into the scrotum or bulging out of one's abdomen. Men and women can both develop a hiatal hernia, which is the result of too much force pushing the stomach organ through the diaphragm. A lifting and simultaneous pulling or pushing movement can cause this internal injury, and most people do not know they have a hiatal hernia until they see a doctor for a related condition.

While an inguinal hernia is pretty straightforward and a definitive sign that the heavy lifting in your job is to blame, a hiatal hernia is a little trickier. Women who have not been pregnant or given birth can get a hiatal hernia if they work in nursing professions, childcare professions and any other job where they have to lift a lot of weight and twist, bend over, push the weight away from or pull the weight in a certain direction from their bodies. The strain of lifting and moving in a somewhat unnatural way in these professions can cause the tear in the diaphragm through which the stomach is forced by the muscles of the abdomen during the lift.

What to Do Next

If you discovered that your job has resulted in a painful or just uncomfortable hernia of either type and your boss refused to put you on light duty, you can sue. You may also be able to sue for enough worker's compensation to repair the hernia. Meet with a worker's compensation lawyer to discuss what your intentions and goals are with regards to your hernia and what you expect your employer to do.

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