Hernias, like many injuries, can pose a serious threat to a workers' physical ability to perform their job functions. This circumstance is especially true in occupations requiring heavy lifting, such as construction or warehouse work. Hernias occur when tissue, such as a segment of the intestine, protrudes through a weak spot in the abdominal muscles. Approximately 10% of U.S. adults will encounter issues with a hernia at some point in their life. While hernias are considered common injuries in workplace incidents that should not downplay their potential severity.
Inguinal Hernias
Most hernias are inguinal, occurring between the lower abdomen and thigh area affecting more men than women. They comprise nearly 75% of all hernias. Of all hernia injuries, over a million require surgical repair to avoid pain and potential complications. Although some hernias can be manageable at times, the injury can worsen over time. Hence, a worker with a potential hernia concern needs to notify their employer promptly regardless of seriousness.
Hernia from Work
Hernias overall are considered eligible for workers' compensation benefits like several other injuries. However, it is important to remember that the burden of proving the injury happened at work falls on the injured worker most often. Each state handles workers' compensation differently, and as such, an accepted workers' compensation claim for a hernia in one state may be denied in another.
Hernia Injuries in the Workplace
With hernia injuries becoming frequent in workplace injuries, some states have included them in state statutes to ensure workers' compensation covers hernias for particular occupations more at risk. For example, states like California and Illinois provide a presumption for hernia-related injuries to first responders.
Other states have embedded hernia definitions in statute to clarify what constitutes a compensable injury. For example, Arizona law says that a compensable hernia is injury is from "a sudden effort or severe strain or a blow received while in the course of employment" there is also a requirement to "communicate (the injury) immediately to one or more persons." By Arizona's interpretation, cumulative injuries over time causing a hernia may be ineligible for benefits as a compensable injury must be from a sudden effort or a single blow. The reporting requirement could also limit an injured worker's ability to file a claim later down the road showing the importance of informing an employer of a potential hernia problem immediately regardless of pain level.
Similarly, South Carolina statutes may narrow the scope of eligibility. In the Palmetto State, a hernia injury eligible for workers' compensation must "immediately follow an accident" and be "accompanied by pain". This definition could also restrict hernia claims for those incurring cumulative injuries that could become worse over time. Additionally, the necessity for pain to occur for the injury to be compensable could rule out a hernia later discovered through a routine doctor's visit.
Hernia Surgery Recovery Time
Hernias may not be serious at the time, but they can progressively worsen. Recovery after hernia surgery can displace desk workers for 1-2 weeks. Those employed in blue-collar industries may require a month or more of hernia surgery recovery time before returning to a regular workload. Injured workers with possible hernia complications should check their state statutes to see how their home state defines or does not define a hernia injury eligible for workers' compensation benefits.