Can a hernia be a worker’s compensation claim even though there was no actual day of injury that they could pinpoint?

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Can a hernia be a worker’s compensation claim even though there was no actual day of injury that they could pinpoint?

He’s a truck driver but part of his job requirement is securing the loads which involves some strength and pulling. At last year’s DOT physical he had no hernia detected.

Asked on June 4, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is causality: if the hernia occured at work or was caused by work, then it could be the basis of a worker's compensation claim. However, if it occured elsewhere or otherwise--e.g. while moving from one home to another, or helping a friend move; while setting up new furniture; while playing sports; due to heavy coughing from bronchitis; etc.--then it would not provide grounds for worker's compensation. The fact that the employee did not have it last year does not, by itself, establish that the worker got it at or due to work; there must be some evidence linking it to work to support the claim.


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