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.

Bakersfield, CA -

Attorney Answers (4)

Nancy J Wallace

Nancy J Wallace

Workers' Compensation Lawyer - San Bernardino, CA
Answered

Sadly, what YOU think will get you Zero.

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.

George Ellis Corson IV

George Ellis Corson IV

Workers' Compensation Lawyer - Orange, CA
Answered

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
David Brian Snyder

David Brian Snyder

Workers' Compensation Lawyer - Syracuse, NY
Answered

I think it is a reasonable conclusion that your back injury aggravated your hernia. Please consult your doctor and a Workers’ Compensation lawyer in your area.

Larry Alan Apfelbaum

Larry Alan Apfelbaum

Workers' Compensation Lawyer - Bloomington, IL
Answered

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.

Good Luck

I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more

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