If you suffer a hernia at work, it could put you out of action and unable to bring in your normal wage during the time it takes you to recover. Hernias can be painful injuries and they occur due to a tear or weakness in muscles found in your abdomen. As a result it means that an intestine can poke through the tear. At first, you may not realise that damage has been done but you may feel that either a swelling or a lump has developed in your abdomen or groin area.
Should you have suffered a hernia injury at work and you think that the injury could have been avoided had certain measures been set in place, you should contact a personal injury lawyer who would offer vital legal advice on how to proceed. The solicitor would assess whether you have a strong hernia injury at work claim against an employer and provide essential assistance when it comes to gathering the evidence needed to support your case.
- What are The Different Sorts of Hernia Injuries?
- What are the Symptoms Associated with Hernia Injuries Sustained at Work?
- How Does a Doctor Diagnose a Hernia Suffered at Work
- Do I Have Worker’s Rights If I Sustain a Hernia Injury at Work?
- Does an Employer Have a Duty of Care Towards Me at Work?
- Would My Hernia at Work Claim Against an Employer be Upheld?
- What Level of Hernia at Work Compensation Could I Receive?
- Can My Employer Sack Me if I Make a Hernia at Work Claim Against Them?
- What Can Be Included in a Hernia Injury at Work Claim?
- Is it Worth Suing an Employer for Hernia Injury at Work Compensation?
- Are There Any Benefit to Having Legal Representation if I File a Hernia Injury Claim?
- Informative Links
There are various types of hernias that you could suffer when you are at work more especially if you regularly handle or you have to move heavy items. This type of work puts you more at risk of sustaining a hernia injury should you not have been adequately trained. Another reason could be because you were not provided with the correct tools and/or equipment to ensure you are able to carry out a job that involves heavier items as safely as possible without putting yourself at risk of being injured.
The various sorts of hernia injuries you could suffer in the workplace are as follows:
- An inguinal hernia which occurs at the top of your inner thigh. This type of hernia sees part of your bowel or the fatty tissue protruding through a tear that occurs in the wall and is a typical injury that is caused by repetitive strain to the abdomen
- A femoral hernia much like an inguinal hernia, the injury occurs at the top of your inner thigh where fatty tissue or part of your bowel protrudes through a tear. It is also a type of hernia caused by repetitive strain to the abdomen
- An umbilical hernia occurs close to your navel (belly button) where fatty tissue or part of your bowl pokes through a tear in the abdomen wall. It is caused by repetitive strain to the abdomen
- A hiatus hernia occurs when part of your stomach pokes through an opening or tear in your diaphragm that leads into your chest. It is not known why this type of hernia occurs but some believe that pressure to your abdomen may be the cause
- An incisional hernia occurs when fatty tissue pokes through the abdomen wall which typically happens following a surgical procedure when the wound has not yet fully healed
- An epigastric hernia occurs between your navel and breastbone where fatty tissue pokes through a tear in the abdomen wall
- A spigelian hernia occurs when fatty tissue pokes through the side of your abdominal muscle just below your belly button (navel)
- A diaphragmatic hernia occurs when the organs located in your abdomen move through a tear in your diaphragm that leads to your chest
- A muscle hernia occurs when part of a muscle pokes through a tear in the abdomen wall although it can also occur in the muscles of your legs
If you suffered any sort of hernia injury at work and you believe that your injury could have been avoided if you were provided with the correct training, tools and equipment to handle and move heavier items, you should contact a solicitor at www.accidentclaims.co.uk who would quickly assess your case in a no obligation, initial consultation for which you would not be charged.
Once satisfied that your employer was in breach of their duty to ensure you were kept safe from injury at work, the solicitor would agree to represent you without asking you to pay an upfront fee. The solicitor would ask you to sign a No Win No Fee agreement and once signed, they would start their investigations straight away.
As mentioned previously, the symptoms associated with hernia injuries may not be apparent to begin with. You may just notice a swelling or lump has developed in a specific area of your body but you may also experience tremendous pain. You should seek medical attention as soon as you can if you are experiencing the following symptoms:
- Sudden and severe pain
- A protrusion feels tender and firm to the touch and you are unable to push it back in
- Constipation or wind
If you are experiencing any of the symptoms above, it could mean the following:
- The supply of blood to part of an organ or tissue has been cut off because of a hernia which is known as “strangulation”
- A bit of bowel as entered the hernia which is referred to as an “obstruction”
If you sustain a strangulated hernia and part of your bowel may be obstructed, it is vital that you seek medical attention immediately so that the correct treatment can be applied without delay. If your injury is severe and you need to have time off work to recover, it would mean that you would not be able to bring in your normal wage. This could mean you find it hard to meet monthly bills and outgoings.
Seeking compensation for a hernia injury suffered at work would allow you to focus on your recovery without having to worry about money. If your case against an employer is strong, a No Win No Fee solicitor would offer to represent you on a No Win No Fee basis taking all the risks of seeking legal advice and representation off the table.
When it comes diagnosing a hernia you may have sustained in the workplace, a doctor would examine the area that is affected before recommending that an ultrasound be carried out. This would be to establish the extent of the damage that has occurred. Once this has been determined, the doctor who treats you would then decide whether surgery would be necessary to repair the damage that has been done.
However, if a doctor feels that you are not in good enough health to undergo surgery, they would not recommend any sort of surgical intervention. Your hernia would not get any worse but it would not get better on its own either without surgery. In short, the doctor would calculate the risks involved in undergoing surgery and if they feel they greatly outweigh the benefits, they would recommend not performing surgery on your hernia.
If, however, the doctor recommends the hernia be repaired surgically, there are two procedures they may choose which are as follows:
- Keyhole surgery – a procedure that is not invasive but more challenging to carry out
- Open surgery – a procedure where an incision is made with lets the surgeon push the mass or lump back into the abdomen
Should you have to undergo surgery to repair the damage done by the hernia, you would not be able to go back to work until you have fully recovered from the procedure. As such, you would not receive your normal pay during this time and as a result, it could mean financial hardship for both you and your loved ones. Seeking compensation from an employer could help with any financial difficulties you may be facing due to the hernia injury a work your suffered. A solicitor would recommend how best to proceed with an accident at work claim against your employer.
Worker’s rights in the United Kingdom are protected and employers must abide by the laws and legislation which states that a work environment has to be safe for all employees and other staff to work in. Should you suffer any sort of injury at work which includes sustaining a hernia injury, you have the right to the following:
- File an accident at work claim for compensation without worrying that you could be fired for doing so
- To be treated fairly if you seek compensation from an employer
If you are treated detrimentally or unfairly, if an employer threatens you with the sack or redundancy, you should contact a solicitor at www.accidentclaims.co.uk who would provide essential legal advice on whether you could seek further compensation from your employer.
Employers in the United Kingdom are legally obliged to keep you and your fellow workers safe from harm and injury in the workplace. Should your employer fail to do so and you suffer a hernia injury as a direct result of their negligence, your employer could be held responsible for the workplace injury you sustained.
All employers must abide by the laws and legislation that protect you in the workplace and must ensure the following:
- That all employees and other workers are provided with sufficient training to carry out the jobs they are tasked to do as safely as possible
- That all employees and other workers take part in ongoing training at regular intervals
- That all tools, machinery and other equipment is correctly maintained in good working order
- That all workers are given regular breaks throughout a working period
- That risk assessments are carried out in the workplace to identify hazards before setting in place all reasonable measures to reduce the risk of harm and injury to employees and other workers
- That all employees and other workers are aware of “good” working practices and procedures
- That adequate industry standard personal protective equipment is always available when needed
If you suffer a hernia injury at work because your employer failed to set in place sufficient measures to prevent you from suffering this type of injury, you should contact a solicitor who would assess whether your employer could be held negligent.
For a hernia injury at work claim to be upheld whether the case goes to court or your employer’s insurers offer you an out of court settlement, you would need to have sufficient evidence to support your claim that an employer was negligent in their duty towards you in the workplace. As such, you would need to show the following:
- That you were not provided with sufficient training to do specific jobs in the workplace
- You were not given adequate manual handling training
- You were not given the correct personal protective equipment to do a job safely
- You were not provided with the right tools, equipment or machinery to carry out a job safely
A detailed medical report on your hernia injury would also be required to support your claim which has to be provided by a doctor or other medical professional.
Personal injury compensation is calculated in two parts that compensate you for the workplace injuries you sustained and the out of pocket expenses you incurred that can be directly linked to the hernia injury you suffered in the workplace. As such, you would be awarded both “general damages” and “special damages”. Other factors that would be taken into account as to the amount of hernia injury compensation you may be awarded are as follows:
- The severity and the complexity of the hernia injury you suffered
- Whether your injuries are so severe that you may not be able to do your normal job again and finding alternative employment would be difficult or impossible
- Whether you would require ongoing long-term therapy, treatment and/or rehabilitation
- Your loss of earnings and future earning capability
- Care costs should these be necessary
- Home and/or vehicle adaptations
- All other costs and expenses incurred due to your hernia injury
General damages would cover your pain, suffering and loss of amenity. They are based on the Judicial College Guidelines. With this said, depending on the severity of your hernia injury and how your future life may be affected, you could receive anything from £6,330 to £21,190 in general damages.
Special damages are much simpler to work out as they are based on your “actual” expenditure. As such, you must keep all relevant receipts as these would be needed to support your claim for special damages.
Should you choose to file a hernia injury at work claim against your employer, they do not have the right to sack you or to threaten you in any way. Should an employer fire you because you seek compensation from them, they would be in breach of your rights and the law. As such, you would have the right to file an unfair dismissal claim against your employer and be awarded further compensation from them.
As mentioned above, you can claim both losses and damages when you file an accident at work claim against a negligent employer. The damages you suffered would be compensated in the form of “general damages” whereas your losses would be compensated in the form of “special damages”. If you are unsure of what can be included in a hernia at work claim, you should contact a solicitor at www.accidentclaims.co.uk who would walk you through what you can include and what you cannot.
Should your hernia injury prevent you from working, it could mean financial hardship for you and your loved ones. Seeking compensation for injuries sustained through no fault of your own can prevent this from happening and it allows you to fully focus on recovering. It is also worth noting that all employers in the United Kingdom have a legal duty to hold valid liability insurance. An approved insurance provider must issue the policy which must also meet the £5 million legal requirement. In short, it is compulsory for your employer to have the necessary insurance in place.
When you seek compensation for a hernia injury at work from an employer, it is the insurance provider who deals with your claim from the outset and it is the insurer who pays out the compensation you may be awarded in a successful hernia injury claim.
Hernia injury at work claims can be complex because proving liability can prove challenging. As such, having legal representation from a solicitor who is familiar with what this type of accident at work claim entails provides many advantages and benefits, some of which are detailed below:
- Solicitors have the legal expertise which allows them to negotiate with your employer’s insurance provider and on your behalf if your case goes to court
- A personal injury lawyer is able to gain access to legal libraries and can use past similar cases to base your claim on
- A solicitor would ensure that your hernia injury is examined by an independent medical professional and it is the report they provide that would be used to calculate the level of general damages you would be awarded
- Solicitors are familiar with the pre-action protocols and the statutory 3 year time limit that must be respected
- Once the solicitor is happy that your case against an employer is strong, they would agree to represent you on a No Win No Fee basis which means you can seek hernia compensation without any financial risk to yourself
- The solicitor would ensure that the level of hernia injury at work compensation you are awarded is both fair and acceptable
Another main advantage of having a No Win No Fee solicitor represent you when filing a hernia injury at work claim against a negligent employer, is that should you require ongoing, long-term treatment or therapy, the cost of this would be included in the compensation you are awarded.
For more information on how a doctor would typically diagnose and treat a hernia, please follow the link provided below which takes you to the NHS official website:
If you suffered a hernia injury in the workplace and you would like more information on your worker’s rights following an accident that leaves you injured, please follow the link provided below:
Your rights in the workplace
If you were injured or suffered harm in the workplace and you would like more information regarding health and safety at work and the UK law that protects you, please click on the link provided below: