If you have sustained a hernia injury at work as a result of negligence, you could be eligible to make a personal injury claim. Your employer owes you a duty of care, and if it is breached and you were harmed as a result, you might be eligible to claim. We will take a closer look at exactly what this duty of care is later on in this guide.
You may have questions such as:
- How can I make a work injury claim?
- What is the time limit to claim for an accident at work?
- How much compensation could I receive in a successful work injury claim?
All of those questions will be answered by the end of this guide. We will also explore some examples of workplace accidents that may lead to injury.
However, our team of advisors are on call 24 hours a day, 7 days a week, to help you with the accident at work claims process. You can speak with one by:
Choose A Section
- A Guide To Claiming For A Hernia Injury At Work
- When Can You Claim For A Hernia Injury At Work?
- What Evidence Could Help You Make A Work Injury Claim?
- Hernia Injury At Work – Potential Compensation Amounts
- Why Make A No Win No Fee Accident At Work Claim?
- Learn More About Claiming For A Hernia Injury At Work
According to the NHS, a hernia injury is where an internal part of the body pushes through a part of the muscle or a wall of tissue at a weak point. They are often found in the chest and hip areas; if so, the stomach or groin area might be swollen. However, you may experience few or no other symptoms at all.
There are several different types of hernia:
- Inguinal hernias refer to fatty tissue or a section of the bowel poking through the groin. It’s the most common kind of hernia and can be associated with repeated strain on the abdomen.
- Femoral hernias also happen when fatty tissue or bowel pokes through into the groin at the top of the thigh. Occurring less frequently than inguinal hernias, they impact women more than men.
- Umbilical hernias can happen if tissue or a section of the bowel pokes through near the navel.
- Hiatus hernias describe part of the stomach pushing up into the chest by squeezing through an opening in the diaphragm.
In the next section, we will look more closely at the duty of care that you’re owed by your employer. For guidance on the claims process, please contact our advisors.
The duty of care that employers have for their employees is set out by the Health and Safety at Work etc. Act 1974. This states that all employers must take all reasonably practicable steps, to ensure the safety of those that they employ, as well as visitors of the space. If an employer breaches this duty of care, and you suffer a hernia as a result, you could be entitled to make a hernia injury claim.
Examples of how negligence could lead to a workplace accident claim include:
- Being asked to lift a heavy object without being given the proper manual handling training.
- A slip, trip or fall down the stairs due to carpet that has not been laid properly.
- Being struck by a forklift in a warehouse because the driver loses control due to lack of maintenance on the machine.
If you’re wondering whether your circumstances could entitle you to make a hernia injury claim, speak with one of our advisors today for free legal advice. If your claim is valid, you could be connected with a solicitor from our panel.
You may only claim for a hernia injury at work if it was caused by the negligence of your employer. Therefore you need to provide proof of their negligence, your injury, and causation between the two.
Evidence may be needed to do this. You may wish to collect evidence in the following ways:
- Seek medical attention to generate medical records
- Fill out the accident at work book. This is a legal requirement for organisations that employ 10 or more people
- Acquire witnesses’ contact details for witness statements to be taken at a later date
- Gather footage of the incident, how it happened and your injuries via CCTV or photographs
Finally, you could seek legal advice. While it’s not a legal requirement to make a claim, a solicitor could use their experience to help the claims process run more smoothly. Our solicitors can offer you a free consultation to evaluate your potential hernia injury at work claim; simply get in touch today.
Is There A Work Injury Claim Time Limit?
This time limitation can begin from the date the accident happened or when you connected your injuries to employer negligence.
There are some scenarios in which exceptions apply; for instance, if the injured person is under the age of 18 when they sustained their injuries or if they lack the mental capacity to claim. In these cases, the time limit is suspended while the party is unable to pursue their own case.
While this suspension applies to the time limit, a litigation friend can make the claim. If the person becomes able to claim by either turning 18 or becoming mentally capable to claim themselves, then the 3-year time limit for claiming begins, provided one has not already been made.
If you would like to know more about litigation friends or the time limit that applies to your specific case, please speak with an advisor.
If you win your hernia injury at work claim, the compensation for a workplace injury you receive could be made up of two heads. You will be compensated for any pain and suffering you experience as a result of your injuries through general damages.
This head of claim takes into account your psychological well-being too. For example, if your hernia injury significantly impacts your mental health, you may also be compensated for this.
To help you see how much you may be owed, we have included a table of compensation amounts taken from the Judicial College Guidelines (JCG).
It must be noted that these figures should be only used as guidance as they are not guaranteed. Due to each personal injury claim being unique, the settlement you could receive could vary.
|Body Part||Compensation Bracket||Details|
|Back- Severe (ii)||£74,160 to £88,430||Injuries causing nerve root damage with loss off sensation, impact on mobility and sexual difficulty.|
|Back- Moderate (i)||£27,760 to £38,780||Injuries such as the prolapse of an intervertebral disc causing residual disability.|
|Back- Minor (i)||£4,350 to £7,890||Full recovery with no surgery within one or two years.|
|Permanent pain and/or limitation on physical activities, for instance sport or work after repair.|
|Direct inguinal hernia that poses a risk of reoccurrence after repair.|
|An uncomplicated indirect inguinal hernia that may be repaired with no other linked abdominal injury or damage.|
|Shoulder- Severe||£21,910 to £23,130||Often involving brachial plexus damage|
|Shoulder- Serious||£12,770 to £19,200||Dislocation and damage to the shoulder causing aching and sensory symptoms|
|Shoulder- Moderate||£8,640 to|
|Frozen shoulder, limited movement and discomfort|
|Shoulder- Minor||£2,200 to|
|Soft tissue shoulder injury where pain is considerable but recovery complete|
Special Damages When Claiming For An Accident At Work
Special damages might also be included in your compensation. This head of claim seeks to compensate you for any financial losses sustained as a result of your injuries.
For example, you might have to pay for a carer while you recover from your injuries. These care costs could be covered by special damages.
Examples of other expenses you might be reimbursed for include:
- Loss of earnings
- Travel costs
- Medical expenses
- Home adaptations
One of our advisors can provide a more detailed examination of how much compensation you may be owed if you get in touch. Furthermore, they could provide you with a solicitor from our panel to work on your case.
If you want to claim for your accident at work with a lawyer, doing so on a No Win No Fee basis could be beneficial to you.
A Conditional Fee Agreement is a popular form of No Win No Fee agreement. It generally means that you do not have to pay any legal fees upfront or whilst your case is ongoing.
If your case is lost, you usually don’t pay them anything for their services. That being said, if you’re awarded compensation, a success fee that is capped by law will be subtracted from the settlement you are paid by your No Win No Fee solicitor.
If you want to find out whether you can be represented on a No Win No Fee basis, please contact our advisors. If they feel you have a valid hernia injury at work claim with a good chance of success, they could connect you with a lawyer from our panel.
Contact Us For Free 24/7 To See If You Can Claim For Employer Negligence
Our team of advisors are here to help 24/7 if you would like a free consultation. If they judge you to have an eligible hernia injury at work claim, they can connect you with one of the accident at work solicitors from our panel.
To get in contact:
Here is some additional reading related to this topic that you might find useful:
- NHS – First Aid
- GOV – Information on Statutory Sick Pay
- HSE – Information on workers’ rights and responsibilities
Moreover, you can read some of our own guides that may help when looking to make an accident at work claim:
- How to make a successful claim for a back injury at work
- A guide on factory accident claims
- Tips on preventing accidents in the workplace
Thank you for reading our guide on what to do if you have sustained a hernia injury at work.
Writer Beck Patcher
Editor Fern Stewart