July 17

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Hernias

By Mark Miller

July 17, 2020


     Hernias are an unfortunate risk of most types of medium to heavy work. In Maryland, a special section of workers’ compensation law has been established by the legislature to determine if a hernia claim is compensable. For years, workers had only thirty days to report a claim for a hernia to the employer. Recently, Todd Schuler tried a hernia case in Circuit Court and lost because of this ridiculous thirty-day notice requirement.

     What did he do? He contacted State Senator Kathy Klausmeier, the Chair of the Joint Workers’ Compensation Subcommittee, who agreed to sponsor legislation that extended the two-year limitation to hernia cases. Todd and his client testified before the subcommittee. The client told his story and Todd pointed out the disparity in the law. The bill passed out of the Senate Committee and passed through both chambers of the Legislature. It awaits Governor Hogan’s signature.

     Just like other claims, when a worker suffers a compensable hernia, he is entitled to, not only, medical treatment (often surgical repair) and money benefits for his lost time but, also, money benefits for any residual or permanent limitations because of the hernia.

     If you have been suffered a hernia while working, contact us at 410-687-7878 to schedule an appointment to meet with an experienced attorney.