Personal injury advice from
Thompsons Solicitors
Hernia Injury Claims
If you have suffered a hernia as the result of an accident at work, or any other accident caused by the negligence of someone else, you may be entitled to claim compensation.
At The Legal Line, our expert personal injury lawyers have a wealth of experience in workplace accident claims and we can provide you with advice on your case. Contact us on 0800 0328511, or by completing a claim enquiry form online.
Hernias
How are Hernias Caused?
Hernia Injuries at Work
Making a Hernia Injury Claim
Hernia Compensation
Our Expert Personal Injury Lawyers
Successful Hernia Injury Compensation Claims
Hernias
A hernia is the name given to a condition where an organ or tissue is protruding out of the cavity within which it is normally contained. This occurs when there is a weakness in muscular wall of the cavity and a gap develops that part of the organ is able to pass through.
Hernias can be internal or external and can occur in various parts of the body, most commonly the lower abdomen and groin (known as an inguinal hernia). A classic sign that a hernia may be present is a lump in the groin or lower abdomen. Some people experience only mild discomfort, or no discomfort at all, but others suffer severe pain. You should always seek medical attention if you suspect you may have a hernia, as hernias are at risk of becoming strangulated, where the protruding tissue becomes trapped and the blood supply to it is cut off. Generally a hernia will be repaired in a simple surgical procedure.
Spinal discs can also become herniated (known as a herniated disc or slipped disc). This type of spinal injury happens when the tough, outer casing of the shock-absorbing disc between two vertebrae tears, allowing the inner, gel-like substance to bulge out.
How are Hernias Caused?
There are several reasons why a hernia may occur, including vigorous exercise, coughing, constipation or heavy lifting. Babies can be born with a hernia at the site of their umbilical cord and hernias can sometimes occur where a surgical incision has been made.
Hernias are more common in men than women, because of their anatomy, and people who are very overweight or have a family history of hernias may also be at an increased risk when compared with the general population.
Some hernias can not be prevented and are not caused by anyone’s negligence. Others however, for example those resulting from an accident caused by an unsafe working practice, could be prevented. If you suffer a hernia at work and believe your employer may be to blame, we may be able to assist you with an injury claim.
Hernia Injuries at Work
Perhaps the most common cause of hernia injuries at work is manual handling accidents. Heavy lifting, carrying awkward objects or twisting whilst holding a load can all result in hernias, as well as back injuries and other injuries. For this reason, it is important that employers take every possible precaution to reduce the risks of such tasks as far as possible.
Some health and safety precautions that can be taken to help avoid hernia injuries include:
• Provision of manual handling training.
• Carrying out risk assessments for each task and altering work practices where necessary.
• Supplying lifting equipment or trolleys to move heavy items.
• Ensuring that the appropriate number of staff are available for tasks.
Employees should also ensure that they follow any safety advice they are given, use equipment they are provided with wherever possible, and ask for help if they feel a task is beyond their physical capabilities.
Making a Hernia Injury Claim
In every hernia injury case medical evidence will be required and, in any personal injury claim, it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the hernia injury you sustained was a reasonably foreseeable consequence of that negligence.
It is important to seek the advice and assistance of a specialist lawyer with extensive experience in recovering compensation for victims of hernia injuries. They can collate and prepare all of the necessary evidence to put forward the claim and deal with the matter on your behalf to achieve the best possible outcome.
You should try to record as much information as possible about the accident and your injuries, including details of any medical treatment that you have received. Remember to keep receipts for any injury-related costs and expenses, as these may be useful in your claim.
Hernia Compensation
There are two elements to a compensation award. The first is for the pain and suffering you have gone through and what is known as loss of amenity. This is called general damages and compensates you for your injuries. It can include an award for your inability to do things after the accident that you used to be able to do before, e.g. wash your car, play sports, walk the dog, etc. The award for loss of amenity can be for a short period after you suffer a hernia or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. This reimburses you for any financial losses, such as any loss of earnings or injury-related costs (such as travel or medical expenses). It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the hernia had never occurred.
Our Expert Personal Injury Lawyers
With decades of experience in recovering personal injury compensation for the victims of accidents, our lawyers can provide you with specific advice about your potential claim.
Contact us on 0800 0328511, or by completing a claim enquiry form online, to speak with one of our advisors.
Successful Hernia Injury Compensation Claims
For details of some of the many compensation claims we have fought and won on behalf of people with hernia injuries, visit our personal injury news and client stories sections or follow the links below:
Compensation for Hernia Sustained in Manual Handling Accident
Joiner Compensated for Hernia Caused by Accident at Work
Hernia Caused by Inappropriate Tasks on Return to Work
Hernia Compensation for Man Injured in Manual Handling Accident
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