If you talk to an Employer or their workers’ compensation insurer regarding your hernia cause in the course and scope of your employment and, the typical response would be that a hernia surgically repaired does not cause any permanent disability. That is untrue. Heavy lifting at work frequently causes herniated discs, spinal problems and hernias. The hernia can be repaired in many different ways, but in my twenty years practicing Missouri personal injury and workers’ compensation cases, I have never seen a hernia that causes zero disability.
Today, I resolved an inguinal hernia case for my client Richard Boone. (Mr. Boone has given me permission to tell you about this hernia that occurred while he was working for Old Castle Building Envelope which is insured by Liberty Mutual Insurance.) The adjuster in the case early on argued that the hernia was not caused by work and even if it was that there is no disability. I was engaged to represent Mr. Boone on April 3, 2012. We alleged that the hernia occurred on December 9, 2011 while in the course and scope of employment of Old Castle Building Envelope. Unfortunately, the adjuster took the view that the case was worth $1,700.76. That offer was rejected and we told the defense that we would never settle the case for less than 6% of the body as a whole. 6% in this case was worth $10,204.56. The defense then increased their offer, but only to 4% of the body as a whole. I told them that I would send my client out for an evaluation, but that I would never resolve the case for less than 6% of the body. You should know that there are law firms who routinely settle hernia cases for 3, 4, and 5% of the body and that 6% of the body is an unusually high percentage for a hernia. They responded no.
Today I received an email from the adjuster, even though there is a lawyer involved in the case, agreeing to offer the 6% of the body which is $10,204.56 – so we win.
This case is not about the money. Our firm has represented many injury victims with millions of dollars worth of damages this year alone. However, every client is important to us and if a hernia case is worth a minimum of 5% it would be unfair to the client to recommend or offer or accept 4% of the body which would be a third less than the recovery that we received. Both myself and my law partner, Gary Burger, pride ourselves in maximizing the value of our client’s cases. We do that on every matter no matter how big or how small. I am proud to have been able to recover an extraordinary high amount for a hernia case for Mr. Richard Boone and within a six month time frame without significant expenses and for more than the value of most inguinal hernia claims. If you need help with any type of Missouri personal injury or workers’ compensation matter including auto collisions or medical malpractices and the like. Please call us at (314) 542-9999.