Legal Question in Workers Comp in Indiana
Do you get compinsated for hernea surgery?
I had hernea surgery 5/28/98. now i have nearve damage above due to the injury. work comp is paying for pain blocks every week and $600 worth of medicine. Four specialist say the pain is from the injury, not dr.negligence. the Dr. said he can never get rid of all the pain, just get it under control. i beleive that they need to pay me for all i have been through. all i have gotton so far is my nine weeks of 66% of my pay ,$202 wk .
Do they have an obligation to pay? They case is still open and I have 5 more pain shots .
1 Answer from Attorneys
Re: Do you get compinsated for hernea surgery?
It depends. Although I do not practice law in Indiana, typically workers compensation disability settlements or PPD's according to procedures described in books called AMA Guide to Rating Permanent Impairment. There are several editions of this guide and state law should indicate exactly which one is used in your state.
Usually, you can find a copy to look at in a medical library at your local hospital, or at a medical school library.
Workers compensation laws were created to pay for disability, not for pain. So if you are paid for pain, the amount will be relatively small. And you won't be examined for disability until the doctor releases you at maximum medical improvement.
What you probably will get compensated for is loss of strength, loss of sensation, and loss of range of motion - in other words, abilities that relate directly to performing a job. There may even be a flat dollar award that you get for a common injury such as a hernia. Take a look at your state laws and at the rating guide.
Dorothy Bunce
Dorothy G. Bunce, Attorney at Law
3436 Townhouse Drive
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