Hernias and Maryland Workers’ Compensation
Hernias can be devastating injuries, and they occur more often than you might think in a wide range of industries in Maryland. Depending on the severity of the hernia, a person may realize they have an injury immediately, or the nature of the injury may become clearer over time. According to the Cleveland Clinic, nearly all hernias “eventually will need surgical repair.”
What is a hernia, how do they happen at work, and how are they treated under Maryland workers’ compensation law? Our Maryland workers’ compensation attorneys can provide you with the information you need, and we are here today to discuss the details of your work injury and your eligibility for compensation.
Understanding Hernias and Work Injuries
What is a hernia? According to the Cleveland Clinic, it is an injury that occurs “when part of your insides bulges through an opening or weakness in the muscle or tissue that contains it.” Typically, hernias involve an abdominal organ that pushes through one of the abdominal cavity walls. The risk for a hernia increases as a person ages, and with “regular wear and tear on your muscles.”
Hernias can occur in different parts of the body, including the following cited by the Cleveland Clinic:
- Lower chest area through the diaphragm;
- Groin through the lower abdominal wall;
- Midline of the abdomen; and
- Through a former incision from abdominal surgery.
Compensation for Hernias Under Maryland Workers’ Compensation Law
Under MD Labor and Employment Code Section 9-643, hernias can be compensable through the Maryland workers’ compensation system. The language of the law says:
“A covered employee who has a hernia resulting from an accidental personal injury or a strain shall be paid compensation” in accordance with Maryland workers’ compensation law.
Section 9-644 further clarifies that, “whenever practicable, a femoral, inguinal, or other hernia proven to be the result of an accidental personal injury or strain…shall be treated by surgery.” A covered employee can have surgery to repair the hernia covered by workers’ compensation, and a covered employee can also be entitled to temporary or permanent disability payments due to the hernia, as well as payment for lost time.
Declining Surgery for Hernias Caused by Workplace Injuries
If you have a hernia that is compensable, but you “refuse to undergo surgery to cure the hernia,” then you are only entitled to workers’ compensation benefits for 7.5 weeks. If you can show that it is unsafe for you to undergo the surgery (due to an issue like age or an underlying condition), then you may be entitled to workers’ compensation coverage for 52 weeks under Maryland law.
Contact a Maryland Workers’ Compensation Attorney
If you sustained a hernia at work, it could be compensable through the Maryland workers’ compensation system. It will be important to seek advice from one of the experienced Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC about your situation. We can assess your injury and help to determine whether you are likely to be eligible for workers’ compensation benefits, and if so, we can assist you with your claim. To find out more, contact our firm today.
Sources:
my.clevelandclinic.org/health/diseases/15757-hernia
law.justia.com/codes/maryland/labor-and-employment/title-9/subtitle-6/part-vi/
