Hello...
I have had a pre-existing umbilical hernia for years. My doctor said to leave it alone, no surgery, just keep an eye on it.
I don't know how I originally got it. It was discovered about 10 years ago.
I am a teacher.
Recently I had to move some boxes in my classroom and it exacerbated the hernia and now I need surgery.
Do I qualify for workman's comp?
Thanks
Thomas* in NJ
You would need you Doctor to state that it was your job the caused this to worsen. Yet, you need to search your own heart on this also. Meaning you knew you had the problem prior. If you feel it's worth the hassel of a work comp claim, that mostly be be delayed, delayed medical treatment, and possible Hearings, then you can give it a try.
If it were me, I think, I would just use my Insurance, and get it done and over with.
aggravations are considered new injuries. you can file on it.
1171, I do agree and know the aggravation rule of a pre-existing. We all also know, the timeline it just may take to go anywhere when medical treatment might be a must. Surely this claim will be deined the first time around. Causing a long time to hash out. Meaning medical delayed.
Or, just maybe, file for the work comp claim get the denial letter, pass it on to their heath insurance and go from there.
In real life, most people knowing they had a problem for years, will just go through their Insurance instead also.
If it took place taking out their garbage, would they claim they did it at work? Even though there are many that try that also, and some that get away with it.
i'd rather not pre-judge the carrier/employers response. some will accept and pay on the aggravation cause others may deny.
without filing you can't know.
if they deny then the worker can decide to appeal or not.
Although the hernia WAS aggravated during work I really can't prove that, but they also can't prove it was aggravated by taking out the garbage.
In my case, the sooner I get the surgery the better. It IS painful.
I don't want to haggle it out and delay the surgery. I don't want it to get worse and turn into an emergency.
So....
*Is it possible to file for workman's comp, get the surgery, use my insurance and sickdays then get the workman's coverage sort of retro?*
Medically this is nothing to mess with.
I did file the accident report on the day after and told the nurse.
I can't prove this was done at work, but they can't prove that it wasn't.
The other part of this story is that I WAS told by the principal to move/pack up the classroom because my class is moving to another room.
Thanks
Thomas*
most other insurance coverages will not pay for a work injury; they'll want a denial letter.
most other insurance coverages will not pay for a work injury; they'll want a denial letter.
Maybe I should just keep my mouth shut and get it done, using sick days and my insurance.
I was probably born with the hernia and most of it probably occured "taking out the garbage" over years...the last straw just happened to be carrying that box at work, it wasn't even real heavy.
Thomas, I would agree with you that it did get aggravated at work. I agree with 1171 also, and you did file your injury report. File your WorkComp Claim, and simply take it from there.
I just hope, you don't run into any medical delays.
There is no easy answer to do it this way or do it that way. And like 1171 stated, you just never know what is going to happen till you try.