Hernia at Work Claim – A Guide to Claiming Compensation

A hernia at work can be quite a debilitating injury that causes a lot of pain and suffering. This can have an impact not only on your ability to work but also on your hobbies and social life. If you have been diagnosed with a hernia that can be linked to your employment, yous might be entitled to claim compensation from your employer. Therefore, in this guide, we answer many of the most common questions about making a hernia at work claim.

We offer further support as well by way of a free consultation in which you can check your options with a specialist and receive free legal advice. If your claim appears feasible, we could forward it to one of our specialist solicitors. If they take on your hernia injury claim, the whole process will be managed on a No Win, No Fee basis. To make an enquiry you can:

• Call us free on 0333 241 2519.
• Connect to our live chat system night or day.

If you have sustained a hernia at work, getting legal advice as soon as possible after the hernia was diagnosed can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses incurred due to the injury.

What Is a Hernia Injury?

A hernia occurs when an internal part of the body, such as an organ or fatty tissue, pushes or protrudes through a weakness in the muscle or surrounding tissue wall. Hernias most commonly occur in the abdomen, but they can also appear in the upper thigh, belly button, and groin areas.

There are several types of hernias including:

• Inguinal hernias: Where the bowel pushes through to the groin.
• Umbilical hernias: Where tissue or the bowel pushes through the tummy.
• Femoral hernias: Where fatty tissue pushes through the top of your thigh into your groin.
• Hiatus Hernias: Where an opening in the diaphragm allows part of your stomach to push through into the chest.

While some hernias won’t have other noticeable symptoms, others can cause obstructions or cut off the blood supply to an organ leading to severe and sudden pain (or other symptoms) that should be assessed by a medical professional.

Can I Make a Hernia at Work Claim?

Your employer, legally, has to take practical steps to try and keep you safe at work. This is a legal duty of care set by the Health and Safety at Work etc. Act 1974.

Some practical steps employers can take to try and prevent workplace hernias include:

• Train staff on how to lift heavy or awkward objects safely.
• Allow regular rest breaks for those carrying out physically demanding tasks.
• Provide face masks and improve ventilation when working with some chemicals or dust (to help prevent persistent coughs that can lead to a hernia).
• Keep the workplace tidy and organised to reduce the risk of slips, trips and fall injuries which can also lead to hernias.

If no attempt is made by your employer to try to protect your well-being, you may be eligible to start a hernia claim for any suffering you endured as a result. The general criteria that must be met for hernia at work claims are:

• Your employer must’ve owed you a duty of care at the time you were injured.
• The accident or incident that injured you must’ve been caused by your employer’s negligence.
• You have been diagnosed with a hernia that was caused by that accident or incident within the last 3 years.

If you’ve suffered a hernia at work and believe you should receive compensation for your suffering, speak to one of our advisors today for clarification.

What Should I Do If I Sustain a Hernia Injury at Work?

After an accident at work that has caused a hernia, you should:

• Report what happened to your employer. If this is done in person, you should also send an email so that there is a paper trail.
• Ask for a copy of the accident report form about your accident.
• Visit your GP or A&E to have your hernia properly diagnosed and for advice on managing your symptoms.

In some cases, your employer may use the information you’ve supplied to make changes to working conditions so that others don’t suffer in the same way in the future. For example, they might also call in an external occupational health professional to look at alternative ways of moving heavy loads rather than relying on staff to lift them.

What Evidence Can Be Used for Hernia at Work Claims?

If you sustain a hernia in the workplace and decide to start a personal injury claim against your employer, you will need to prove why they were responsible for your injury and how it has affected you. The types of evidence that can help with hernia at work claims include:

• A copy of your medical notes to confirm the type of hernia.
• Photographs of any visible lumps.
• CCTV footage of the accident that caused your hernia.
• Contact details for anyone who saw you being injured in case witness statements are needed.
• Photos of any equipment or defects that caused your hernia injury.
• A copy of your accident report form. This will help to prove when the accident happened and its location.

If you’re not sure if you have enough evidence to support a hernia claim, please get in touch. During your free initial consultation, we’ll consider any information you have and let you know whether you’re entitled to claim for your suffering.

How Long Do I Have to Claim Hernia at Work Compensation?

The Limitation Act 1980 is a piece of legislation that sets a 3-year time limit for personal injury claims.

When claiming for hernia at work compensation, the 3 years will typically start:

• From the date of your accident; or
• Your date of knowledge i.e. from when your GP diagnosed your injury and linked it to your workplace activities.

It’s often good to begin a claim as soon as you’re able to. That’s because leaving the claim too late could mean it becomes statute-barred and you’ll miss out on any compensation you should have received.

How Much Compensation for a Hernia at Work?

The level of compensation for a hernia at work is based on how much the claimant has suffered because of their injury. Specifically, payouts are generally based on:

• Pain, suffering, discomfort and loss of amenity (general damages).
• Monetary losses, costs or expenses (special damages).

To help put a value on your hernia injury, your solicitor will review your medical records. They’ll also arrange an independent medical assessment to get a full understanding of how the hernia has affected you. They’ll then refer to the Judicial College Guidelines (JCG) which contain settlement brackets for different types of injuries. Compensation for a hernia can range from around £3,400 to £14,900 for general damages.

In addition to your physical suffering, a hernia claim could also help you to recoup any costs you’ve incurred such as:

• Costs associated with rehabilitation and medical treatment.
• Travel expenses i.e. fuel and parking for hospital or GP appointments.
• Future and current loss of earnings.
• Care costs.
• In very severe cases, the cost of adapting your house or vehicle to make it easier to cope with your hernia.

To find out how much compensation for a hernia at work you could be entitled to claim, please contact one of our friendly advisors today.

Can I Claim Hernia Compensation if I’m Not a Full-Time Employee?

The employer duty of care with regard to health and safety in the workplace that we discussed earlier applies to all staff, not just those on full-time contracts.

Therefore, if you are a zero-hours worker, a contractor, a consultant or self-employed and you’ve suffered a hernia at work because of your employer’s negligence, you still have the right to consider suing for compensation.

If you’d like to check if you can claim hernia compensation, please speak to our team today.

Will I Need a Work Injury Solicitor for a Hernia Claim?

It’s important to note that you are completely free to manage a hernia at work claim on your own. While that is the case, you may wish to seek legal representation as the claims process can be quite tricky to navigate at times as you could face quite difficult medical and legal questioning from your employer’s insurers.

If you do decide to work with a solicitor specialising in workplace injuries from our team, they will:

• Take responsibility for your claim from start to finish.
• Find and analyse the evidence required to establish liability.
• Negotiate and fight your corner if your employer contests your allegations.
• Update you regularly about how the hernia claim is progressing.
• Try to increase the amount of compensation you are paid if they believe a settlement offer is not fair.

To reduce your financial risks when using a solicitor from our panel, they use a Conditional Fee Agreement (CFA) to provide a No Win, No Fee service.

To find out if you could claim for a hernia at work on a No Win, No Fee basis, please call our team today.

How Long Do Hernia Injury Claims Take?

The time it takes for a hernia injury claim to be finalised settles from case to case. The processing time may be affected by factors such as:

• Whether you’ve recovered from your hernia or if it is still causing problems.
• Whether your employer accepts how badly you’ve suffered.
• If your employer takes the blame for the accident that caused your hernia.

In a straightforward scenario i.e. liability has been accepted and you’ve recovered fully at the time of your claim, compensation for a hernia could be paid in as little as 6 months.

If the claim is contested or the full extent of your hernia injury is not properly understood, the claims process could take between 9 months to more than a year.

Do Hernia Claims Need to Go to Court?

There is usually no need for a hernia at work claim to be heard by a court. Generally, your employer, their insurance provider and your solicitor will try to settle the case amicably to avoid paying any court costs.

However, claims that can’t be settled do require court hearings. If that happens, liability for your hernia and any compensation award will be decided by the court.

Even if a court date is set for your hernia claim, both parties could still reach an agreement and have the court hearing cancelled.

Contacting Us About a Hernia at Work Claim

Hopefully, our guide on claiming compensation for a hernia at work has answered any questions you have already. If not, or if you’re ready to start the claims process, you can contact us by:

• Calling 0333 241 2519 to discuss your claim.
• Using our free live chat option to ask any questions.

We’ll provide no-obligation legal advice in the initial consultation to discuss your options. If a compensation claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your hernia at work claim is accepted.