Employees who suffer a hernia on-the-job can get lost wages and medical treatment.
In Michigan, employees who suffer from a hernia injury at work are protected under workers’ comp. Michigan is considered a “wage loss” state when it comes to payment of benefits. This means an employee must show loss of income to qualify for weekly disability checks. Medical bills should be covered regardless of fault. Most of these types of claims are paid voluntarily and there are no problems. Here is some information that everyone should know about their legal rights.
In summary, a hernia is tissue, such as part of the intestine, that protrudes through abdominal muscles. The resulting bulge can result in pain and interfere with a person’s ability to bend over or lift heavy objects. It typically does not get better on its own and surgery is required. Recovery time should only be a few weeks.
I got a hernia at work in Michigan, can I sue?
In Michigan, if an employee who suffers a hernia at work can sue their employers insurance company for workers’ compensation benefits. Workers’ comp pays a percentage of lost wages for as long as a person remains off work. It also covers all medical bills including surgery. This is a person’s exclusive remedy against his or her employer.
Are hernias covered by workers’ comp in Michigan?
In Michigan, hernias are covered under workers’ comp when they are caused by a single event injury. They can also be covered as occupational diseases when clearly recent in origin and resulting from a strain arising at work. They must be promptly reported to the employer to be covered.
How much does Michigan workers’ comp pay for a hernia?
In Michigan, workers’ comp pays 80% of an employee’s after-tax average weekly wage for a hernia injury claim. This includes money for overtime, discontinued fringe benefits, and even second jobs that cannot be performed anymore. All reasonable and necessary medical treatment should be covered without any copayments or deductibles being owed.
Most people who make this type of work injury claim get paid by the insurance company and quickly return to their jobs. Sometimes a hernia can turn into a major problem and require multiple surgeries. Wage loss and medical benefits should continue indefinitely until a person no longer needs them.
How to prove a hernia happened at work?
In Michigan, to help prove a hernia happened at work, state law requires notice of the injury to be given to an employer within 90 days and a workers’ comp claim to be made within 2 years. However, it is critical to report any hernia immediately after it is found. A doctor should be able to support that it is work-related based upon history and a physical examination.
Watch out for insurance companies who dispute these types of claims comp claims. They don’t want to pay because it can be difficult to know for sure when and how the hernia developed. We recommend speaking with a lawyer should this occur.
Need help with your claim? Call our attorneys now
If you suffered a hernia injury at work in Michigan and 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 35 years. Our attorneys can help you better understand Michigan workman’s comp 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 35 years. Call (844) 316-8033 for a free consultation today.