Boston Hernia Injury Lawyer

Can You Get Workers' Compensation for a Hernia in Massachusetts

In most cases, yes. If you get a hernia from lifting, pushing, pulling, or repeated strain at work, Massachusetts workers' compensation can cover your medical care and part of your lost wages. You don't have to prove your employer did anything wrong, only that the hernia is work-related.

A hernia occurs when tissue pushes through a weak spot in the muscle wall, most often in the groin or abdomen. Some workers feel a sudden pull or notice a bulge right after a heavy lift. Others feel pain that builds over weeks of hard physical work.

Since 1993, AV Preeminent-rated Attorney John J. Sheehan has represented injured workers across Massachusetts, in English and Spanish. As a Boston hernia injury lawyer, he helps workers connect the hernia to the job and pursue every benefit the law allows.

How Work Causes Hernias

Hernias are common in jobs that put repeated pressure on the abdominal wall. Claims often come from:

• Heavy lifting — Moving boxes, materials, or equipment in factory and warehouse jobs, construction, and delivery work;
• Pushing and pulling — Carts, pallets, hand trucks, and loaded dollies;
• Patient handling — Lifting and transferring patients in hospitals and nursing homes;
• Repetitive strain — Bending, twisting, and lifting the same loads shift after shift, common in manufacturing jobs;
• Sudden effort — Catching a falling load or slipping while carrying something heavy.

A work hernia often comes with other strain injuries. Heavy lifting and repeated effort on the job also cause many overexertion injuries.

Proving Your Hernia Is Work-Related

Insurers often deny hernia claims by arguing that the condition came from age, weight, or a weakness you already had. The claim usually turns on evidence that ties the hernia to your job:

• A prompt report — Tell your employer as soon as you feel the pain, preferably in writing.
• Medical opinion — A doctor's statement that your work duties caused or worsened the hernia.
• Job details — A clear description of the physical work that led to the pain.
• Witnesses — Coworkers who saw what happened or know the physical demands of your job.

A hernia you had before this job can still lead to a claim. If your work made it worse, you may qualify, but the insurer can dispute how much your job caused your condition. Medical evidence showing how your work affected the hernia can answer that question. If the work comp insurance company still says no, you can appeal the workers' compensation denial.

Workers' Compensation Benefits for a Work Hernia

Massachusetts workers' compensation can pay:

• Medical treatment — Reasonable and necessary care, including hernia repair surgery and follow-up visits;
• Temporary total disability — Generally 60% of your average weekly wage while you cannot work at all, up to a state maximum, and paid for up to 156 weeks;
• Partial disability — If you return to work but earn less because of the hernia, you may receive 60% of the difference between what you earned before the injury and what you earn now, up to 75% of the temporary total disability rate, for up to 260 weeks;
• Loss of function — A one-time payment if the injury causes a permanent loss of function.

Benefit rules and limits are set by the Massachusetts Department of Industrial Accidents.

If someone other than your employer caused the injury, such as another contractor on the job site or the maker of faulty equipment, you may also have a third-party claim. A third-party claim can recover damages workers' comp does not cover, including pain and suffering.

Deadlines for a Hernia Workers' Comp Claim

Report the injury to your employer as soon as you can. Under M.G.L. c. 152, § 41, a workers' compensation claim generally must be filed within four years from the date you knew the injury was connected to your work. The longer you wait, the harder it becomes to show the hernia came from the job, so it is safer to act early.

Your Rights Regardless of Immigration Status

If you were hurt at work in Massachusetts, you have rights regardless of your immigration status. Many injured workers stay silent because they fear that filing a claim will cause immigration problems.

• Workers' compensation rights: The Massachusetts Department of Industrial Accidents Reviewing Board has held that undocumented workers can receive benefits that are otherwise due (Medellin v. Cashman KPA, 2003).
• Protection from retaliation: Massachusetts law prohibits employers from firing or punishing workers for filing a workers' compensation claim.
• Confidential consultation: What you share with Attorney Sheehan during your consultation stays confidential.
• Attorney-level Spanish: Attorney Sheehan speaks Spanish himself, so you can explain what happened in your own words.

What to Do After a Hernia Injury at Work

1. Stop the task and tell your supervisor right away.
2. Get medical care and tell the provider the hernia happened at work.
3. Report the injury to your employer in writing.
4. Write down what you were doing when you felt the pain: the task, the weight, and how often you did it.
5. Follow your doctor's work restrictions and keep a copy of every note.
6. Keep your medical bills, pay stubs, and records of missed work.
7. Do not give a recorded statement to an insurer or sign a release before getting legal advice.