What is a Hernia Injury? And What are the Symptoms?
As per the NHS definition, a hernia is ‘when an internal part of the body pushes through a weakness in the muscle or surrounding tissue wall’.
There are different types of hernia which can develop such as inguinal hernia, femoral hernia, umbilical hernia, incisional hernia, epigastric hernia, hiatus hernia, diaphragmatic hernia or injury to the spine such as a slipped disc. Most cases of hernia are treated non-surgically; however, some can result in hernia surgery. Hernia surgery can include open surgery or keyhole surgery. Either way, you will most likely need time off work to recover from your injury and from the surgery if it is required.
The general signs and symptoms to look out for are:
- A bulge on either side of the pubic bone. This bulge can become more apparent when coughing or straining while upright.
- An aching or burning feeling at the bulge.
- Pain and/or discomfort in the groin area.
- Wind or constipation.
- Vomiting.
The best way to identify if you are suffering from a hernia is to discuss your symptoms with your GP. More information on hernia injuries can be found on the NHS website.
Can you Claim Compensation for a Hernia Injury?
There are different types of hernia injuries which may occur. You should be able to claim for a hernia injury if the injury has resulted from medical negligence, lack of training in the workplace or an injury occurring from an accident while performing a manual handling task in the workplace. You will therefore usually be able to bring a claim for hernia injury against your employer if:
- Your employer did not provide you with the correct equipment you needed to complete your job in a safe manner.
- Your employer did provide you with the correct training on manual handling.
- You were not given the adequate training needed to complete your tasks in the workplace.
It is important that you know that your employer has a duty of care to you. Amongst many other factors, their main duty to you is to provide a safe working environment by ensuring you are provided with the correct training and equipment to ensure you can undertake the tasks of your employment safely.
Is There a Time Limit on Making a Hernia Injury at Work Claim?
The usual time limit in order to bring a claim is three years from the date of the accident or injury. If the injury happened before you were a minor, then this three years time limit runs from the date that you turn 18 years old. Furthermore, if you are diagnosed with a medical condition which relates to the hernia injury sustained at work, then the three-year time limit starts from the date of the diagnosis.
Can you Make a claim for a Hernia Injury at Work Whilst still employed by the Same Employer?
Your job will be safe if you decide to bring a claim for compensation for the hernia injury at work. Your employer does not have the right to make you redundant or sack you for bringing the claim. To do this would be against your employment rights. You have the right to seek compensation for your suffering and pain and for your financial losses as a result of an accident which you suffered even if this is as a result of your employer’s negligence.
What Do you Need in order to Make a Claim?
In order to make a claim for a hernia injury at work, you must be in a position to provide evidence to prove the cause of the hernia was due to a certain work related activity. It is also important to show that your employer did not provide you with the relevant or adequate training and guidance on how to complete a specific task.
What is the Process of Bringing a Claim?
The initial step to take is to contact Beacon Law and discuss your query and the circumstances of your potential case with us. We will advise you on the merits of your case and provide a brief risk assessment on proceeding with the claim.
If it is beneficial for you to proceed and you decide to instruct Beacon Law, we will assist you throughout the claims process. We will notify the other party of the forthcoming claim and liaise with them throughout the matter from seeking their records to entering negotiations on settlement when the time comes.
Your employer and their insurer are likely to investigate the nature of the injury and the circumstances which led to the accident occurring. They will assess who is at fault and will require evidence to show that the accident in question caused the hernia.
In order to ensure all these aspects of the case are proven, you will need a medical report to be obtained from a specialist expert in hernia cases who can assess your injury, the cause, diagnosis and prognosis on the case. We can assist in locating a medical expert for you who can assess your injury and provide an impartial medical report on their findings.
We will also help you in obtaining all the evidence you will need in order to make your case stronger such as witness statements, GP and/or hospital records, records of any further treatments undertaken etc.
Should the parties not be able to agree on who is at fault for the injury or what caused the injury, then the claim will be registered with the Court. This will involve taking the claim through the Court procedure and ensuring Court deadlines are met which will assist in different issues being resolved between the parties and eventually lead to either a Trial or settlement between the parties.
Do you Have to Pay to Make a Claim?
At Beacon Law, we operate on a no win no fee basis. This is an agreement with the basis that as long as you cooperate with us throughout the course of the claim, you will not be required to pay any fees even if you are unsuccessful.
How Much Compensation Could You Be Entitled To?
It is difficult to put an exact figure on the value of your case without an initial assessment of the circumstances and level of injury sustained. The level of compensation amount which you may receive varies and is dependent on a number of things such as the severity of the injury, the duration of the pain and symptoms, the impact of the injury on your day to day and employment life and whether the injury is a long term issue. We will mainly be seeking compensation both for your pain and suffering and any financial losses you may have suffered from time off work taken to recover from your injuries. This will be split into general damages and special damages. The general damages awarded if successful, will reflect the level of your injury, your pain and suffering. The special damages aspect of the case will include the expenses which you have lost out on. This may be a loss of earnings or expenses incurred, for example, in treatment.
There are, of course, factors to be considered which are specific to each case and which can impact the level of compensation which can be received.
How can Beacon Law Assist You?
Beacon Law are specialist Solicitors in Personal Injury Claims and regularly deal with hernia injury compensation claims specifically.
We will advise you from your initial enquiry all the way through to the end of the case until you receive the compensation you deserve if we believe your claim has merits. Our aim is to guide and represent you through the claims process in the best way that we can, putting your best interest first and acting only within your instructions.
If you have suffered a hernia injury and would like to discuss your case specifically, then please get in touch. You will not be required to pay anything for an initial consultation, and this will be a no-obligation consultation.
It is important to have a specialist solicitor assess the merits of your case specifically on its own individual facts before you proceed with bringing a claim.
Beacon Law are authorised and regulated by the Solicitors Regulation Authority.
