Obesity as a Work-Related Injury Covered by Workers' Compensation

Many workers in America are overweight. Obesity can make it more challenging to recover from an injury, including workplace injuries. Treatment for obesity can help injured workers return to the workplace. However, the insurance company may try to deny obesity treatment for work-related injuries.

Workers’ compensation laws vary by state. To find out about obesity as a work-related injury, talk to a local workers’ comp attorney for legal advice.

What Is a Work-Related Injury?

Workers’ compensation insurance provides benefits for work-related injuries. Benefits include partial wage payments and medical care for the injured worker. Medical care covers treatments related to the injury and not for additional treatments. You must have a work-related injury to file a workers’ comp claim.

Work-related injuries are caused by events or exposures in the work environment. It also includes work injuries that significantly aggravate a pre-existing condition or illness.

You can file a workers’ comp claim for an accident or long-term exposure. For example, workers’ comp can include a broken leg caused by falling from a ladder at work. Workers’ comp can also include carpal tunnel syndrome from years of repetitive work duties.

Is Obesity Considered a Work-Related Injury?

According to the Centers for Disease Control and Prevention (CDC), more than 2 in 5 adult Americans have obesity. Obese individuals have a body mass index (BMI) of 30.0 or higher. Obesity increases the chances for additional health risks. According to the American Medical Association (AMA), common comorbidities for obese individuals include:

• Diabetes
• Heart disease
• High blood pressure
• Osteoarthritis
• Multiple types of cancer

Obesity is generally not a work-related injury because most jobs don’t make people obese. However, obesity treatment can be part of your medical care related to a workplace injury.

Obesity could be part of your compensation if the workplace leads to becoming obese. Serious injuries like the loss of your leg could limit your activity. If you used to run or play sports, a severe injury can restrict your activity level. This can also increase the chances of weight gain after a work-related injury.

How Does Obesity Affect Workplace Injury Recovery?

Obesity is a factor in medical treatment for job-related injuries. Obese workers injured in a workplace accident may have delayed recovery and a higher prevalence of surgical risks. Obese patients undergoing surgery have increased risks, including:

• Infection
• Kidney failure
• Blood clots
• Wound complications

Severely obese patients have higher risks of hospital readmission after surgery. Obese patients also take longer to recover from surgery. Some surgeries require patients to move around or walk after surgery, which is more difficult for obese patients. They may need additional physical therapy to recover mobility.

What Are Examples of Obesity Treatment for Workplace Injuries?

Many healthcare providers recommend that patients get obesity treatment before surgery. Some doctors won’t perform surgeries on patients unless they lose weight. For example, a worker needs back surgery to repair an injury caused by a fall at work. The surgeon tells the patient they need to lose weight before they can perform the surgery. If the doctor prescribes obesity treatment, it can relate to workplace injury.

There are different types of obesity treatment, generally starting with diet and exercise. However, exercise may not be practical for a patient with chronic pain, knee injuries, or back injuries. These types of injuries can limit mobility and exercise options. Medical obesity treatments can include:

• Gastric bypass surgery
• Weight loss medicines (Ozempic or Wegovy)
• Bariatric surgery

How Can You File a Workers’ Compensation Claim for Obesity?

If you suffer an injury at work, talk to your doctor about treatment options. If your doctor recommends weight loss to improve your injury outcomes, your workers’ comp claim may cover treatment costs. Weight loss treatments can be a secondary medical treatment to primary work-related care.

Talk to a workers’ comp attorney about how you can file a workers’ comp claim that includes obesity treatment. You should continue getting temporary disability benefits while you lose weight and prepare for your primary surgery.

What Can You Do If Your Employer Denies Your Obesity Surgery?

Workers’ compensation insurance providers may challenge weight loss treatments. However, most states have upheld the employer’s duty to provide weight loss treatment to prepare the patient for workplace injury surgeries. In various examples, insurance companies have paid the claim costs for:

• Gym memberships
• Diet programs
• Lap bands
• Bariatric surgery

If your employer or the insurance company denies your obesity treatment, you can file an appeal. There is a limited time to appeal your workers’ compensation claim, so contact an attorney as soon as possible. Your attorney can help you file an appeal, appear at the workers’ comp hearing, and file a lawsuit to ensure you get your benefits. Contact a workers’ compensation lawyer for help with your workers’ comp claim.