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. See MCL 418.315(1) and MCL 418.301. Unfortunately, employers go out of their way to fight these workers’ comp claims. This frequently happens with a hernia suffered at work 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 result 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 with bad motives
Employees who are on workers’ comp are routinely examined by an IME doctor selected by the insurance company. These so-called “independent” medical examinations are typically used for the purpose of a dispute. 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. It is also suggested to have an attorney retained should work injury benefits be stopped.
How much does workers’ comp pay for a hernia at work in Michigan?
In Michigan, if an employee suffers from a hernia, 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 at (844) 708-1667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here to help.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
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.
Remember, every work injury claim is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers’ Comp Lawyers law firm has consistently secured the largest settlements in the state and is the best choice for your case. We never charge a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (844) 708-1667 for a free consultation today.
Related information:
