In this guide, we explore when you could be eligible to make a personal injury claim for a hernia injury at work. It will discuss the criteria that need to be met and the evidence you could gather to support your case.
When Can You Claim For A Hernia Injury At Work?
Additionally, we discuss the duty of care your employer owes in the workplace and the steps they can take to prevent you from experiencing harm while performing your work-related duties. You can also find examples of how someone could sustain a hernia injury in the workplace.
Furthermore, we discuss personal injury compensation settlements, including what they can include and how they are calculated.
Our guide concludes with an explanation of how a personal injury solicitor with experience handling workplace injury claims could help you.
Please read on to learn more about accident at work claims. Alternatively, you can get in touch with an advisor who can offer free advice 24/7. To reach them, you can:
- Call on 0800 408 7825
- Use the live chat function at the bottom of this screen to start a conversation.
- Contact us through the website.
Choose A Section
- Eligibility Criteria When Claiming For A Hernia Injury At Work
- How Could A Hernia Injury Be Caused?
- How Much Hernia Compensation Could Be Received From A Successful Claim?
- Evidence That Could Help Support Accident At Work Claims
- Use Accident At Work Solicitors To Make A No Win No Fee Claim
- Read More About How To Claim For A Hernia Injury At Work
Eligibility Criteria When Claiming For A Hernia Injury At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) describes how all employers need to take reasonable steps to ensure employee safety whilst a work. This is the duty of care they owe.
If your employer breached this duty of care, and you sustained a hernia injury at work in an accident, you may wonder whether you could be eligible to seek personal injury compensation.
To have an eligible personal injury claim, you must show the following:
- Your employer owed a care duty to you at the time and location of your injury.
- They failed to uphold this duty.
- The breach of their duty resulted in you becoming injured.
Together these points can define negligence in tort law and form the basis for an eligible claim.
Please speak to our team by calling the number above. They can offer further guidance on the eligibility criteria and assess your case for free to determine whether you have valid grounds to proceed.
How Could A Hernia Injury Be Caused?
The NHS describes a hernia as an internal body part pushing through a weakness in the muscle or other tissue surrounding the area.
Below are some examples of what accidents at work could cause a hernia injury:
- Your employer might ask you to lift stock that is too heavy for your height and weight.
- Poor training or supervision could mean you use poor manual handling techniques and lift incorrectly.
To discuss your specific case, please contact an advisor on the number above. They can help you understand whether you’re eligible to claim for a hernia injury at work.
How Much Hernia Compensation Could Be Received From A Successful Claim?
Two heads of loss may be awarded if your claim for a hernia injury at work has a successful outcome. The first of these is general damages which will be included in your settlement. General damages compensate for the pain and suffering you have experienced due to your injuries.
To value this portion of your claim, legal professionals can turn to a publication called the Judicial College Guidelines (JCG). This lists guideline compensation amounts which correlate to different injuries.
We have included an excerpt of the JCG below. However, please keep in mind that these figures are guidelines, not guarantees. Compensation differs for each individual claim.
Award Bracket Guidelines
| Type of Injury | Guideline Award Brackets | Notes |
|---|---|---|
| Bowel | Up to £184,200 | Double incontinence with other medical complications. |
| Bowel | Up to £150,110 | Cases that create a total loss of natural function and a dependence on colostomy. |
| Back | £12,510 to £27,760 | Moderate (ii) Disturbance of ligaments and muscles. |
| Hernia | £14,900 to £24,170 | Cases of continuing pain with a limitation on physical activities, sport or employment, even after it has been repaired. |
| Hernia | £7,010 to £9,110 | A direct inguinal hernia which has some risk of recurrence even after it has been repaired. |
| Hernia | £3,390 to £7,230 | Uncomplicated and indirect inguinal hernias without any other damage or abdominal injury. |
Claiming Financial Losses In A Hernia Compensation Claim
Special damages is the second head of loss which awards compensation to reimburse any monetary losses incurred due to your injuries. For example:
- You may be unable to work which could result in loss of earnings.
- The injury may have left you unable to drive for a period of time leading to you incurring travel costs.
- You may be required to pay for someone to come into your home and help with domestic issues such as washing, cooking and cleaning. This could lead to incurred domestic care costs.
If you have evidence of these losses, such as receipts, payslips or invoices, you could claim them back under special damages.
Please get in touch for a free valuation of your hernia injury at work claim.
Evidence That Could Help Support Accident At Work Claims
Evidence is essential to proving that you suffered a hernia injury at work as a result of your employer breaching their duty of care. As such, you could benefit from gathering:
- CCTV footage that shows your accident.
- Pictures that show your injury and the cause of the accident.
- A copy of the incident report from the work accident log book used for reporting workplace accidents.
- The contact details for anyone willing to provide a witness statement at a later date.
- Copies of medical records, such as X-rays and scans.
A solicitor from our panel could assist you with collecting evidence to build your case. To find out whether you’re eligible to work with them, please contact an advisor on the number above.
Use Accident At Work Solicitors To Make A No Win No Fee Claim
If you are interested in seeking compensation for a hernia injury at work, you can either claim independently or with the help of a solicitor. Our panel of solicitors have experienced handling claims for an accident at work and could offer their services through a form of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
This is a type of arrangement between you and your solicitor by where you typically don’t have to pay for their work at the start of your claim, as the claim progresses, or if it has a failed outcome.
If the claim is a success, your solicitor will deduct a percentage of your compensation. This percentage is restricted through a legislative cap. Thereby, ensuring that you always benefit from the most of your compensation payout.
If you would like to find out whether a solicitor from our panel could work on your case under No Win No Fee terms, please contact an advisor. To do so, you can:
- Call on 0800 408 7825
- Use the live chat function at the bottom of this screen to start a conversation.
- Contact us through the website.
Read More About How To Claim For A Hernia Injury At Work
For more of our helpful guides:
- A guide discussing compensation payouts for a hernia injury including how they are calculated.
- Learn if you could claim for work-related injuries following a breach of your employer’s duty of care.
- Read about the most common accidents at work and when you could claim if you were injured in the workplace.
For more helpful resources:
- A guide on reducing the risk of injury posed by manual handling activities from the Health and Safety Executive.
- Information on first aid from the NHS.
- Guidance on seeking statutory sick pay from GOV.UK.
Thank you for reading our guide on claiming for a hernia injury at work. Please do not hesitate to get in touch with any other questions or queries.