Last updated Nov. 9, 2017.
If you’ve been injured on the job in Ohio and suffered a hernia (rupture) as the result of your injury, you may be surprised to learn that injury claims for hernia are among the most difficult claims to prove.
Generally, this is because workers fail to report accurately what happened. Also, if there is no reported injury, no documentation of the event, and no contemporaneous medical evidence, this ultimately can lead to difficulty in showing that the employee was injured in the course and scope of their employment. As a result, injured workers can be caught in a legal trap.
What is a hernia?
A hernia happens when part of an internal organ or tissue bulges through a muscle. Most hernias are in the abdomen; types include inguinal hernia (groin), umbilical hernia (belly button), and incisional hernia (through a scar), among others.
Hernias are incredibly common, and can affect workers of all ages — even children. They can happen while straining, such as lifting a heavy box, or by overall having weak muscles. Treatment can include surgical mesh implants, some of which have been found to be defective and since recalled, as well as laparoscopic repair.
How are hernia claims considered?
Under Ohio law, hernia claims will be considered the same as any other injury claim, but it is easier to prove a claim if:
- The hernia came about as a result of some specific occurrence, such as lifting an object, tugging on something difficult to move, etc.
- The worker felt a sharp or burning pain at the time and was conscious of a feeling of strain.
If you have suffered a hernia due to a workplace injury, you should take the following steps to prove your claims:
- Recall exactly what you were doing at the time of injury.
- Report immediately either to a co-worker or supervisor the occurrence of the hernia and the feeling of the pains described above.
- Be careful not to make any statement to the contrary.
What do I do after I’m injured?
It’s important to keep a checklist of information for your attorney to help prove your claim and eventually win your case. On that list, you’ll want to make sure to jot down the following:
- Time and date of the injury
- Location and nature of the injury
- Who your supervisor was at the time you were injured
- Who you reported your injury to, and when and how it was reported
- Which coworkers were present when your injury occurred
- What medical care you received directly after the injury, and the name and location of the medical care provider
Among the most common misconceptions about workers’ compensation claims in Ohio is the need to use the company’s doctor they recommend or send you to after you’re injured to be treated. You can, in fact, choose your own doctor, so long as he or she is a certified provider by the Ohio Bureau of Workers’ Compensation. A company’s chosen doctor, who cares about the company and not necessarily you, the patient, could diagnose your condition in a way that would be unfavorable to future compensation.
Ohio Hernia Workers Comp Settlements
Don’t forget to report your hernia injury as soon as it happens, no matter how minor it seems. Complete an incident report at your workplace and keep a copy of it. You are entitled to benefits even if you didn’t miss any time from work. Every employer has an attorney on their side to handle a workers’ compensation claim, so it’s important for you to be prepared and have the best person on your side representing and protecting your interests.
The law firm of Plevin & Gallucci has an accomplished legal team with decades of experience in workplace injury claims, including claims related to hernia. We can guide you through the process of filing your claim and getting full compensation for your injury. Our workers’ compensation cases have included verdicts and settlements for paralysis after a fall at work ($1 million), a motor vehicle accident that left the client unable to return to work ($850,000 plus workers’ compensation benefits), as well as a loss of vision claim due to safety violation ($85,000 plus workers’ compensation benefits).
Contact us today for a no-obligation consultation.
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