A Guide To Making A Hernia At Work Claim
If you have suffered a hernia in a workplace accident, we could help you make a hernia at work claim.
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A Guide To Making A Hernia At Work Claim
If you have suffered a hernia in a workplace accident, we could help you make a hernia at work claim.
How To Make A Hernia At Work Claim
Hernias can cause significant pain and stop you from working and functioning as you’re used to. However, if you suffered this injury due to a breach of health and safety at work, you may be eligible to make a hernia at work claim.
Our guide will cover all the important aspects of making a personal injury claim for hernia injury compensation. We start by explaining the duty of care you are owed while at work, and when you could be eligible to make a claim after a breach of this duty. Additionally, we also share examples of evidence you could use to support your case and how long you have to begin your legal proceedings.
We then explore compensation, how it is calculated, and what it seeks to address. The final section explains how one of our solicitors could help you with your hernia compensation claim on a No Win No Fee basis.
If you have any questions regarding the personal injury claims process or would like to discuss your specific case, you can contact our advisors:
Call for free advice on 0151 305 7182
Contact us online for a call back.
Ask a question using the live chat.
Can You Make A Hernia At Work Claim?s
To be eligible to make a hernia at work claim, you need to show that your employer breached their duty of care. But what is this?
A duty of care is a legal responsibility for someone else’s health and safety. Your employer owes you a duty of care under the Health and Safety at Work etc Act 1974 (HASAWA). Per this duty, your employer must take practicable and reasonable steps to ensure that their staff are safe from harm whilst working. Some of these steps could include:
Providing all employees with proper training to complete their work tasks, such as manual handling training.
Perform regular risk assessments.
Provide sufficient personal protective equipment (PPE) when required.
To be eligible to make an accident at work claim for your hernia injury, you will need to prove:
That a duty of care was owed to you at the time of injury.
Your employer failed to adhere to their duty of care.
You suffered an injury as a result of this.
Examples Of Accidents That Could Cause A Hernia
Some examples of how you may suffer a hernia injury at work include:
An employer fails to check the weight suitability for a worker and they suffer a hernia trying to move an object in the office that was too heavy for them.
While carrying an object in their warehouse job, an employee slips on a wet floor due to no wet floor sign being displayed. The object falls on them, and they suffer a crush injury and a hernia in this warehouse accident.
An employer fails to provide their employee with any manual handling training before asking them to carry a load. This causes the employee to suffer a back injury and a hernia when trying to carry this object due to poor technique.
These are only a few examples of accidents that could lead to hernia injuries. To see if you have a valid case, contact one of our advisors.
How To Make A Hernia At Work Claim
One of the most important steps when making a hernia at work claim is to collect evidence that proves your employer was liable and the extent of your injuries.
Some examples of evidence you could gather to support your case include:
Get a copy of your accident report in the workplace accident book. This could include important details about how and when your accident occurred.
Obtain any CCTV footage that captured the accident.
Speak to eyewitnesses and get their contact information. A statement could be collected from them at a later date.
Copies of your medical records detailing your hernia injury and what treatments you have received.
One of our solicitors who has experience working on hernia injury compensation claims could help you with gathering evidence. To see if you could work with one of them or for advice on what to do after an accident at work, contact our advisors.
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Is There A Time Limit When Claiming For A Hernia At Work?
There is a standard three-year time limit for starting a personal injury compensation claim as per the Limitation Act 1980. This starts from the date of the accident.
There are certain exceptions that apply. These are:
Time limits are paused for claimants under the age of 18. They have 3 years to start a claim once they turn 18.
The time limit is frozen completely for claimants without the mental capacity to start a claim themselves. If mental capacity returns, the three-year limitation period begins from the date of recovery.
In both cases where the time limit is paused, the court can appoint a litigation friend to make a claim on the injured party’s behalf.
Will You Have To Go To Court To Claim?
You might have concerns about facing your employer in court. However, the majority of personal injury compensation claims are settled without the need to be heard in court.
If you choose to work with a solicitor on your case, they can help guide you through the claiming process and try to resolve matters without your case needing to go to court. However, if it does end up going to court, your solicitor can help make this process easier for you.
If you’d like to know whether you have enough time to begin your hernia at work claim, you can contact our advisors. They could also potentially connect you with one of our solicitors who could help you claim compensation for your work injury.
How Much Compensation For A Hernia At Work?
If your hernia at work claim is successful, you could receive a compensation settlement that is made up of two heads of loss.
General damages compensate you for the physical suffering and pain as well as any psychological harm caused by the injury.
Those who are responsible for calculating general damages can use medical evidence and documents like the Judicial College Guidelines (JCG) to arrive at a figure. The JCG provides compensation guidelines for a variety of injuries, including hernias.
Using some of the JCG’s figures, we have created the following table. Please only refer to this table as a guide. The first entry also does not come from the JCG.
Compensation Guidelines
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple Types of Severe Injury and Special Damage Payments | Severe | Up to £500,000+ | An award like this includes amounts for several severe injuries and the special damages compensation for lost income, care costs and medical services. |
| Psychological Harm | (b) Moderately Severe | £23,270 to £66,920 | Significant mental health challenges in areas of work, education and personal relationships with a more positive future outcome expected. |
| Digestive System | (a) Traumatic Injury (ii) | £20,490 to £33,880 | Cases of non-penetrative injury that can cause permanent and long-standing complications. |
| Hernia | (a) Continuous Pain | £18,180 to £29,490 | Hernias that cause constant pain and limit activities even after repair surgery. |
| (b) Direct Inguinal Hernia | £8,560 to £11,120 | Cases where there was no pre-existing weakness and a risk of recurrence exists even after repair. | |
| (c) Uncomplicated Indirect Inguinal Hernia | £4,140 to £8,830 | Uncomplicated cases, possibly repaired that present no other risk of abdominal damage or injury. | |
| Scarring to Other Parts of the Body | A Number of Noticeable Scars | £9,560 to £27,740 | Awards here made for a number of noticeable laceration scars or one disfiguring scar on torso or limbs. |
| Laparotomy Scars | Around £10,550 | Cases where exploratory surgery resulted in a scar. | |
| Single or Noticeable Scars | £2,890 to £9,560 | Cases where there is just one or several superficial scars causing a minor degree of cosmetic deficit |
Special Damages In A Hernia Injury Claim
Special damages may also be awarded in some hernia injury claims. This head of loss compensates you for the financial harm caused by the injuries.
Evidence will need to be provided of these financial losses in order to claim special damages.
Below, we’ve listed some examples of what can be claimed and the proof that they would require:
Payslips that prove a loss of earnings.
Medical bills for treatment and rehabilitation.
Tickets and receipts for travel expenses to vital appointments.
Invoices for the cost of any carers who looked after you.
To receive a free valuation of your hernia injury compensation claim, you can contact one of our friendly advisors.
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We pride ourselves on providing the best service possible for our clients.
Why Use A No Win No Fee Solicitor To Make A Hernia Claim?
Starting a hernia at work claim may be more straightforward than you think. The first step is to speak to our advisors and get a free assessment of your eligibility. If your case is strong, the team can connect you with one of our personal injury solicitors.
Our solicitors can offer their services through a version of a No Win No Fee contract called a Conditional Fee Agreement (CFA) which has numerous benefits to the claimant, such as:
No upfront fees apply for the solicitor’s services.
There are no ongoing fees required for the work they perform.
Unsuccessful claim outcomes require no solicitors fees for completed services.
In successful outcomes, a small and legally restricted percentage of the compensation is deducted as a success fee. This limit means you always benefit from the majority of your compensation.
To receive free advice for your case, or to learn whether one of our No Win No Fee solicitors could help you with your claim, you can contact our advisors.
Call for free advice on 0151 305 7182
Contact us online for a call back.
Ask a question using the live chat.
Read More About How To Make Accident At Work Claims
Additional accident at work claims guides:
This guide explores how long after an accident you can claim.
Learn more about claiming compensation for a knee injury suffered in a workplace accident.
Guidance on making a claim for a pallet truck accident in the workplace.
External resources:
The eligibility criteria for Statutory Sick Pay (SSP) if you take time off from work from Gov.UK.
Information on first aid from the NHS.
The Health and Safety Executive (HSE) looks at the responsibilities of employers.
Thanks for taking the time to read our guide on how to make a hernia at work claim. Please reach out to advisors to discuss your case an receive free advice.
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