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Compensation for Hiatus Hernia From Lifting at Work

Ms J had worked at the same branch of a national chain of bookshops for over 20 years. One summer she was placed in charge of organising the August sale, and due to a shortage of staff had to arrange many of the displays and carry crates of books from the storeroom on her own. A few weeks later, Ms J was suffering from severe heartburn and saw her GP, who referred her to hospital where X-rays were carried out.

Doctors discovered that Ms J had a hiatus hernia, where part of her upper stomach was bulging out through the diaphragm into her thorax. She required surgery, and was forced to take three months off work to recover. She has subsequently switched to a part-time role at the bookshop and is wary of heavy lifting, due to the risk of the hernia recurring.

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Ms J was upset and angered by the fact that the shop’s management had placed unreasonable pressure on her, by failing to provide adequate staff to organise the August sale. During that period she had been routinely lifting crates of books weighing up to 25kg, as well as undertaking other physically demanding tasks, such as arranging displays. The amount of weight she had had to lift and carry was unsuitable for a lady of her age, and was in breach of the Manual Handling Operations Regulations 1992. Bartletts Solicitors handled her compensation claim against her employers on a no win no fee basis, and were able to obtain an admission of liability fairly quickly, based on convincing medical evidence. Ms J ended up receiving a total of £12,750 in damages.
We have won a variety of cases for clients with hernias caused by work, ranging from a claim on behalf of a client who developed a hernia from lifting heavy crates of books, to a claim on behalf of a warehouse worker who developed an inguinal hernia due to repetitive heavy lifting. See our case studies section to find out more or visit our Won Cases section.
Claiming with us is easy. Get a free no obligation initial consultation about your case, your rights, and our no win no fee agreement. All information can be taken over the phone. Medical treatment is local to you. We aim to keep the claims process short by keeping claims out of court. If your claim does need to go to court it is unlikely that you will need to attend court, as cases settle before the final hearing.
We can advise you about job security and dismissal concerns, as well as matters related to sick pay. Dismissal without a valid reason and without due procedures being followed is against the law, and can result in a claim for unfair dismissal being brought against the employer. Employers are also legally obliged to pay Statutory Sick Pay (SSP) to injured employees, and may pay more than the minimum depending on the terms of an individual’s employment contract. Contact us today for free no obligation advice.
Compensation will pay for private healthcare treatment. It will also cover:

  • Physiotherapy
  • Psychological therapy
  • Expenses (such as the cost of travel to hospital appointments)
  • Loss of income
  • Household adaptations

    • The amount of compensation you receive will depend on the severity of your injuries and the likelihood that you’ll make a full recovery. We’ll seek expert opinions on what care you’ll need to ensure that the compensation we claim will be sufficient.
    Get in touch with a firm like Bartletts Solicitors with genuine expertise in handling hernia claims against employers, and with the lengthy experience to help us win the best possible compensation settlements for our clients. Established in 1860 and with over 50 legal staff, Bartletts is a law firm you can trust.

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    Every year we help over a thousand injured people make claims for compensation on a no win no fee basis.

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    Bartletts Solicitors was managed by John Bartlett for over 40 years, the last 25 of which he was assisted by Trevor Morris. Trevor is now the managing director, representing continuity for the firm’s traditional values and customer satisfaction ethos.

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