Hernia Injury At Work Claims – A Step-By-Step Guide

You could be eligible to claim compensation if you’ve suffered a hernia injury at work as a result of negligence. Our guide details the criteria your claim must meet in order to be valid and offers advice on the potential evidence you could use to increase the likelihood of a successful work injury claim.

Hernia injury at work

Hernia injury at work claims guide

We also look at examples of instances where you may suffer a hernia injury and what you can do to prove your claim. Moreover, after we outline the criteria you must meet, we take a look at how a No Win No Fee solicitor may be beneficial to your claim. 

Furthermore, we inform you of the kinds of damages you could receive and how your claim could be valued. For more information, please continue reading. 

Alternatively, you can get in contact with one of our advisors about your injury at work in the following ways: 

Choose A Section

  1. Can You Claim For A Hernia Injury At Work? – A Guide
  2. Hernia Injury At Work – When Are You Eligible To Claim?
  3. What Could You Receive From A Hernia Injury At Work?
  4. Potential Evidence That Could Help You In An Accident At Work Claim
  5. Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim
  6. Learn More About Claiming For An Accident At The Workplace

Can You Claim For A Hernia Injury At Work? – A Guide

A hernia occurs when the muscle wall is broken by an internal part of the body pushing through. It can be seen as swelling in your abdomen or groin area. There are various types of hernias.

Hernias can be caused in different ways, including physical exertion from manual labour. If you can prove that your employer breached the legal duty of care they owed you and this caused your hernia, you may be eligible to claim. We will explain the term duty of care in the following section.

Our guide will outline when you could be entitled to claim for a hernia injury at work and the circumstances in which you could such an injury. Don’t hesitate to contact us if you have any queries about making an accident at work claim.

Hernia Injury At Work – When Are You Eligible To Claim?

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means that they must take all reasonably practicable steps to ensure your safety when you are working.

In order to claim compensation for a hernia injury at work, you need to show that:

  • Your employer owed you a duty of care 
  • They breached this duty  
  • Your injuries resulted from his breach. A breach of duty that causes injury is also known as negligence.

Being able to meet these requirements means that you could be eligible for compensation. Keeping this criteria in mind, you may be wondering when a hernia injury could occur. Some incidents in which you may suffer an injury as a result of negligence can include: 

  • Not being given proper training on manual handling or being asked to lift something that is too heavy by your employer. This may cause a back injury, and the straining may lead to a hernia. 
  • Slipping and falling off a faulty ladder or down the stairs if the handrail was damaged could lead to a hernia. 
  • A crush injury or trauma injury, such as being hit by a falling object or moving vehicle, can also lead to a hernia.

If you can demonstrate that your employer’s breach of duty of care caused your injuries, you may be eligible to claim compensation. Contact our team today to see if you have a valid claim. 

What Could You Receive From A Hernia Injury At Work?

If your claim for a hernia injury at work succeeds, you will receive general damages. These cover the pain and suffering caused by your injuries.

The Judicial College Guidelines (JCG) provide accident at work solicitors with compensation brackets to assist them in valuing settlement awards. These figures should only be used as a guide, and the outcome of your settlement may vary due to the many factors that are considered. You can find some examples of these amounts below.

InjuryNotesValue
Hernia(a) Constant pain and limited physical activities.£14,900 to £24,170
Hernia(b) Direct inguinal hernia. Risk of recurrence.£7,010 to £9,110
Hernia(c) Indirect inguinal hernia. Uncomplicated, potentially repaired. £3,390 to £7,230
Scarring to Other Parts of the BodyNumerous noticeable laceration scars. Single disfiguring scar on back or chest.£7,830 to £22,730
Scarring to Other Parts of the BodyExploratory laparotomy performed. No significant internal injury. In the region of £8,640
Scarring to other Parts of the BodyA single noticeable scar or numerous superficial scars.£2,370 to £7,830

Alternatively, you could use our injury at work claim calculator to help you get an idea of the payout you could receive. This should also only be used as guidance, as the figures are not guaranteed. 

Special Damages Compensation In A Work Injury Claim

Special damages are another type of compensation that you could potentially claim for. These cover the monetary losses you have suffered as a result of your hernia injury at work.

For example, special damages could cover:

  • Loss of earnings
  • Transportation costs
  • Home adaptation costs
  • Medical bills or prescription costs

For more information on claiming compensation for an accident at work, contact our team today. 

Potential Evidence That Could Help You In An Accident At Work Claim

When claiming for your injury at work, it’s important to have evidence to illustrate the role of your employer’s negligence in your injury, as well as the severity of your injuries.

Evidence that could help you strengthen your claim can include:

  • CCTV footage of the incident
  • Witness contact details to ensure their statements can be taken at a later date
  • Photographs of the injury
  • A diary that illustrates the toll your injuries have taken on your mental health
  • Medical reports or records that illustrate the severity of your hernia or other injuries

There is a time limit to consider that applies to starting a work injury claim. The Limitation Act 1980 sets out that you have three years from the date of your accident or the date you acquired knowledge of the negligence involved to start a claim. 

However, there are some instances in which the time limit is affected by additional circumstances. These include:

  • When a person was under eighteen at the time of the accident. In this case, they have three years from the date of their eighteenth birthday to start a claim. 
  • When a person lacks the mental capacity to claim. Should they regain this capacity, the time limit will start on the date of recovery. Otherwise, the time limit is frozen.

In both of these cases, a litigation friend can claim on behalf of the injured person while the time limit is suspended. To learn more about the role of litigation friends or to find out if you are within the time limit to make a hernia injury at work claim, get in touch with our advisors.

Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim

When claiming for your injuries, you may be interested in claiming with the help of a No Win No Fee solicitor. A solicitor from our panel may be able to represent you with a Conditional Fee Agreement (CFA) in place. This kind of agreement grants you access to legal representation, typically without having to pay an upfront fee to your solicitor. Likewise, your solicitor won’t ask for any fees as your claim is ongoing. 

You will pay a success fee if your claim succeeds. This is deducted from your compensation, though the amount has a legislative cap to ensure that you get the majority of your award. If your claim fails, your solicitor will not ask you to pay for their services.

Contact Us 24/7 To See If You Can Claim For An Accident At Work

Please contact us if you have any queries about making a claim for an accident at work. Our team of advisors are available 24/7 to answer any questions that were not covered by this guide. If they find your claim could be valid, they may connect you with our panel of solicitors, who could help you get started.

Don’t hesitate to get in touch with us about your hernia injury at work. You can contact our advisors by: 

Learn More About Claiming For An Accident At The Workplace

If you found our guide useful, you can find more of our guides linked below:

For further information, feel free to explore the external resources below: 

Thank you for reading our guide on claiming for a hernia injury at work.

Writer Emily Moon

Editor Cat Harlowe / Fern Strauss