Hernias Caused by Work
Approximately 70,000 people require hernia repair surgery in the UK each year, the majority of whom are men with inguinal hernias. A large proportion of this number will have developed hernias in the course of their employment, often as a result of unsafe working practices. Hernias develop most commonly due to a weakness in the abdomen muscle. When physical pressure is exerted on the abdomen or groin region, fat and sections of internal organs penetrate and protrude through the wall of the cavity that normally contains them. A lump will be clearly visible when a hernia has developed, though it may not be at all painful or uncomfortable initially.
Typical Causes of Hernias at Work
The major difficulty with hernia compensation claims is proving that the condition is work related. There are many other potential causes, including a family history of hernias, obesity, pregnancy and excessive coughing. Strain on the abdominal muscles from manual handling is however the most common cause of hernias. In the workplace, this usually involves repetitive lifting of heavy and awkward weights, as well as similar tasks such as pulling, pushing, carrying or holding loads. Hernias may also be caused by repetitive movements, such as twisting, bending, stretching, or any physical activity which places cumulative strain on the abdomen and groin.
Professions Most Affected and Medical Treatment
Professions which are known to have a high incidence rate of hernias among workers include construction workers, mechanics, delivery drivers, machine operators and warehouse workers. Any lifting task or excessive physical exertion may cause a hernia however, and therefore workers in any industry may be affected. Doctors usually elect to operate on hernias due to the risk that they might obstruct the bowel. Hernia operations are relatively straightforward, with the surgeon inserting a gauze over the rupture to contain the protrusion. Patients must rest for up to 3 months after surgery, and face the risk of hernia recurrence at any point in the future.
Hernia at Work Compensation Claims
A successful compensation claim for a hernia caused by work will normally involve the employer’s negligence in failing to properly implement the requirements of the Manual Handling Operations Regulations 1992. This requires employers to protect workers from the risk of injury by avoiding manual handling tasks wherever possible, and otherwise using alternative methods such as mechanised lifting equipment. Where manual handling is an unavoidable, employees should receive training in safe lifting techniques, and should not be compelled to lift excessive weights. All manual handling work should also be subject to a risk assessment encompassing ergonomics, environment, and an individual’s suitability for a particular task.
Hernia at Work Compensation Awards
Compensation awards for hernias vary depending on the long-term effects of the injury. They will be highest when a worker is placed at a permanent disadvantage with regard to current or future employment. A hernia which causes continuing pain and/or a limitation on physical activities, sport or employment after repair will result in awards of between £9,500 and £15,400. An inguinal hernia, where there was no pre-existing weakness, with some risk of recurrence after repair will lead to awards of between £4,500 and £5,850. For an uncomplicated inguinal hernia, regardless of pre-existing weakness, possibly repaired, and with no other associated abdominal injury or damage, compensation will be between £2,150 and £4,750.
Solicitors Offering Free Legal Advice on Hernias Caused by Work
Clients often call us to ask; can I claim from my Liverpool based employer for a hernia? Bartletts Solicitors have been protecting and supporting clients for over 160 years, and enjoys a reputation nationwide for trusted legal advice. We are specialists in hernia at work compensation claims, having successfully represented employees who have been injured across a range of industries. Bartletts Solicitors handle accident at work claims on a no win no fee basis, meaning that you will not have to pay any legal fees until you win your claim and receive your compensation, and will not have to pay anything if your claim is unsuccessful. Since a change in the law in April 2013, all law firms now charge a success fee payable upon conclusion of successful work accident claims, calculated as a percentage of the damages awarded. Contact our specialist team today for free and confidential legal advice.
Our firm has been using the law to protect and support our clients since 1860 and is fully regulated, serving clients all over England and Wales. Our firm is Authorised and Regulated by the Solicitors Regulation Authority.
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