Michigan attorney discusses why hernia claims get disputed under and how to make sure legal rights are protected.
Employees who are hurt on-the-job are supposed to get workers’ comp benefits. This includes medical treatment, vocational rehabilitation, and lost wages. Unfortunately, employers go out of their way to fight payments. This frequently occurs with a hernia suffered at work and Michigan workers’ comp claims and hernia workers’ because it can be difficult to isolate an event that caused it.
A hernia occurs when tissue protrudes through the abdominal muscles. It creates a bulge that can be painful and lead to other more serious complications. Surgery is generally required to correct the problem and work restrictions are typically needed until recovery. Some people notice a hernia right away while others find it later. This distinction can lead to a disputed claim.
Is a hernia covered under workers’ comp in Michigan?
In Michigan, an employee who is diagnosed with a hernia at work should get workers’ comp benefits regardless of fault. However, it must be clearly recent in origin and resulting from a strain at work. It must also be promptly reported to the employer or a claim can be denied.
We recommend telling a manager or supervisor immediately following any workplace injury. Do not wait until the end of your shift or until after you have been seen by a doctor. If the hernia appears after working hours, make sure to promptly report it the next day and discuss its recent origin with a medical professional.
Does workers’ comp cover surgery for a hernia at work in Michigan?
According to Michigan workers’ comp law, employees who suffer a hernia at work are entitled to reasonable and necessary medical care which includes surgery and other necessary treatments. There should never be any copayments or deductibles owed under a work injury claim. Employees are also entitled to mileage for doctor appointments.
Watch out for insurance companies
Employees who are on workers’ comp are routinely examined by a doctor selected by the insurance company. These so-called “independent” medical examinations are typically used for the purpose of a cut-off. Insurance companies use the same doctors over and over because they know what to expect. Some of these doctors make careers out of testifying against disabled employees and earn millions of dollars in the process. Clients have reported that an IME can take as little as 15 minutes and the doctor barely examines them. We recommend speaking with your doctor about the cause and what steps are needed to recover and also recommend having an attorney in place should work injury benefits be stopped.
Watch out for insurance companies who use the independent medical examination (IME) to dispute a claim. These doctors make careers out of testifying against disabled employees.
How much does workers’ comp pay for a hernia at work in Michigan?
In Michigan, if an employee suffers a hernia at work then workers’ comp should pay 80% of their after-tax average weekly wage if they cannot work. Our state is considered a “wage loss” state when it comes to payment of benefits. This means an employee must have some loss of income to qualify for weekly checks.
Employees who suffer a hernia on-the-job are typically paid without any problems. Medical bills get covered, and the person returns to work quickly. Unfortunately, sometimes a person finds themselves in a situation where a return to work becomes impossible or needs multiple surgeries. A hernia is one of those conditions that can go either way. Make sure to call an experienced attorney should a hernia become severe.
Injured on the job? Call our attorneys now!
If you suffered a hernia at work in Michigan and have questions or need help filing a workers’ comp claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 201-9497 for a free consultation today.