Lifting is behind more work injuries than almost anything else. A box that was heavier than it looked, a patient who shifted their weight, a bag of cement or a piece of furniture on a stairway can tear a muscle, injure a disc, or cause a hernia in an instant. Lifting injuries are covered by New York workers’ comp, whether they happen all at once or build up over time.
The short answer
- A lifting injury is a work accident if it happens during a specific lift. Report it in writing within 30 days.
- Hernias are covered when the work caused or aggravated them.
- A prior back or hernia problem does not bar the claim if work made it worse.
Common lifting injuries
- Back injuries: strains, herniated or bulging discs and sciatica (see back and neck injuries)
- Hernias: inguinal, umbilical and abdominal wall hernias
- Shoulder injuries: rotator cuff and labral tears (see shoulder injuries)
- Biceps tendon tears at the elbow or shoulder
- Neck strains from carrying loads on the shoulder or overhead
Hernias and workers’ comp
A hernia often shows up as a bulge or sharp pain in the groin or abdomen during or soon after a heavy lift. Carriers commonly argue that hernias develop slowly and are not work-related. What helps the claim:
- Report it right away and describe the specific lift: what you were lifting, about how much it weighed and what you felt.
- See a doctor promptly so the medical record shows the hernia close to the work event.
- Tell the doctor about the lift so the report connects the hernia to your job.
Workers’ comp pays for the hernia repair surgery and your lost wages while you recover. There is no schedule award for a hernia, so the money in the claim comes mainly from medical coverage and lost time.
When the carrier says it was pre-existing
Many people who lift for a living already have some wear in the back or an old hernia. If work aggravated the condition, made it worse or made it need treatment it did not need before, the aggravation is covered. Your doctor’s report should explain what changed after the work injury, using your earlier records for comparison.
Back to work
After a lifting injury, many employers offer light duty with lifting restrictions. Make sure the restrictions match what your doctor wrote, and keep copies of any work notes. If light duty pays less than your old job, you may be entitled to partial benefits for the difference.
Frequently asked questions
Is a hernia from lifting at work covered by workers’ comp?
Yes, if the work caused or aggravated it. Report the specific lift, see a doctor promptly, and make sure the medical report connects the hernia to your job.
I hurt my back lifting at work but had an old back injury. Am I covered?
Possibly. If the work injury aggravated or worsened the old condition, the aggravation is covered by workers’ comp.
Do I get a schedule award for a hernia?
No. New York does not provide a schedule loss of use award for a hernia. The claim covers medical treatment, including surgery, and lost wages while you are out.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims for lifting injuries from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.
Call 718.701.2776 or 800.310.5520. Consultations are free, at our office, by phone or by video call. If we don’t recover money for you, we don’t get paid.