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Compensation for Inguinal Hernias Caused by Work

Inguinal hernias occur when the abdominal wall is ruptured due to an inherent weakness, and portions of the bladder or intestines protrude through it. The vast majority of inguinal hernias affect the groin region, and most often a bump is visible that can be clearly felt through the skin. A hernia may not necessarily be painful, but is likely to be uncomfortable, and will ache following physical exertion.

Inguinal hernias always require surgery due to potential complications, and this involves the insertion of a synthetic mesh which is used to effectively patch up the abdominal wall. People will normally have to take three months off work to recover from an inguinal hernia, and it usually during this period that they will seek hernia claims advice.

  • Inguinal Hernias Caused by Work
  • Direct & Indirect Inguinal Hernias
  • Responsibilities of Employers to Protect Workers & Minimise Hernia Claims
  • How Much Compensation for an Inguinal Hernia Caused by Work?
  • How Will Making a Hernia Claim Affect My Working Life?
  • The Benefits of Seeking Prompt Legal Advice
  • The Hernia Claims Process
  • Funding for Hernia Claims
  • How Do I Get Started Making a Hernia Claim?
Men are five times more likely to sustain an inguinal hernia injury than women, mainly due to higher levels of physical activity among men. Jobs that involve the most physical exertion have the highest incidence rates of inguinal hernias and hernia claims against employers. Construction workers, warehouse workers and delivery drivers are examples of professions with high incidence rates of inguinal hernias and work related hernia claims, due to the routine lifting and carrying of heavy loads. Stressful working environments also contribute towards the likelihood of an employee suffering a hernia. Kitchens and factory production lines are two examples repetitive work that requires repetitive lifting in a high pressure environment.
An inguinal hernia may either be 'direct', where the injury has been caused by excessive physical exertion, or 'indirect', where the hernia is the result of a natural defect in the abdominal wall. The level of physical exertion required to cause a hernia varies, and is affected by external factors, such as smoking, obesity and respiratory problems. A hernia may appear following a simple task such as bending or stretching, especially when performed repetitively. Work related hernias and subsequent hernia claims most often result from the lifting and carrying of heavy or awkwardly-shaped loads. In such cases the sudden excessive pressure exerted on the abdominal wall causes it to rupture.
Inguinal hernias may be the result of management negligence, meaning an injured worker will often be able to make a hernia claim against their employer. Management may have failed to provide workers with training in safe lifting techniques. Otherwise they may not have provided mechanised lifting equipment. An employer may be liable for failing to properly risk assess a task, and must make sure that their staff take regular breaks, especially when they are performing repetitive manual tasks. For work related inguinal hernia claims to succeed it will need to be proved that an accident at work occurred involving a muscle strain, and that a doctor has diagnosed an inguinal hernia.
The highest compensation awards for hernia claims are made when the injury has caused continuing pain and/or a limitation on physical activities or employment. In this category compensation will range between £9,500 and £15,400. For an inguinal hernia, where no previous weakness existed, which is likely to recur in the future, compensation awards for successful hernia claims will range between £4,500 and £5,850. For an uncomplicated inguinal hernia, with no other related abdominal injury, hernia claims compensation will range between £2,150 and £4,750.
Many injured workers that contact us worry about making a claim against their employer and are anxious about losing their job. It is important to remember that work related hernia claims are handled by an employer's insurers, meaning that there is no reason for the litigation process and any perceived animosity to affect working relationships. In fact, hernia claims can have the beneficial effect of raising safety standards at work by highlighting previously unidentified workplace safety issues.
Once a person receives a hernia diagnosis they should seek legal advice at the earliest opportunity. The law firm representing them will be able to arrange specialist private medical treatment at the outset, and swiftly obtain the expert medical evidence which can be vital to the eventual success of hernia claims made against employers. Experienced solicitors can also ensure a claimant's financial stability during any enforced time off work by obtaining interim payments from their employer to cover loss of earnings.
Normally a worker suffering from an inguinal hernia will have three years from the date that they became aware of their condition to commence legal action against their employer. Once you instruct a law firm, you can expect to be kept updated on the progress of your hernia claim at every stage in the process. With a firm like Bartletts Solicitors you will not have to visit our offices, as all correspondence and paperwork can be carried out by phone, email and post. Your hernia claims solicitor can also visit you at home if you wish to discuss your case face-to-face.

Most of the work related hernia claims that we handle are settled before a hearing, meaning that injured workers will not normally face the stress of attending court. In July 2013, the Ministry of Justice further streamlined the litigation process for claims valued at up to £25,000, making access to justice easier and reducing the time it takes to reach a settlement.
A no win no fee agreement (also known as a Conditional Fee Agreements) means that you will not have to pay any legal fees until you have won your hernia claim and received your compensation, and will not have anything if your claim is unsuccessful. Since a change in the law in April 2013, a success fee will be payable upon conclusion of successful hernia claims, which will be calculated as a percentage of your damages, and will depend largely on the complexity of your case. If you have any queries about the potential cost of work related hernia claims, our solicitors will be able to explain the impact of the recent reforms in greater detail.
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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