If I had a hernia prior to a back injury I had at work and the back injury is seeming to make the hernia worse...
Could the employer be responsible for making my hernia treatment more urgent due to my back injury? I also think the hernia is limiting what I can do at physical therapy so i'm not much better after over a month.
As Mr. Corson noted, FOCUS ON GETTING THE PRIMARY TREATING PHYSICIAN TO REPORT that you MUST have the hernia corrected so as to finish healing from the industrial injury.
There is Comp Case law that finds where a non-industrial condition is stopping the healing of an industrial injury, the comp carrier has to provide treatment 'reasonably necessary to relieve the effects of an industrial injury'.
IT IS UNLIKELY THAT MOST TREATING DOCTORS 'in bed' with the Insurance Adjuster will write that you need a Hernia Repair Surgery immediately to recover from the industrial spine injury properly, but that's what you'll need to get the hernia repaired now.
Anything is possible. The doctor would have to make a coherent argument that he has to fix your hernia to treat your back. I am at a complete loss to understand why you would ignore a pre-existing hernia and hope for the WC Carrier to fix it, but I see this stuff every week.
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.
WC usually covers medical care that is reasonable nad necessary to cure the work accident so if you doctor can explain how fixing the hernia must be done before addressing the back injury, it might be covered. But I would expect WC to accept just any explanation and I can see them getting a second opinion. Might be wise to hire an attorney to give you specific advice.
I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more
I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.