A hernia is a painful injury where a tear or a weakness appears in your abdominal muscle allowing an intestine to poke through. In a lot of cases you may not experience any or very few symptoms but you would see a lump or swelling in your groin or abdomen area. Sometimes the lump can be pushed back into place or it may disappear when you are lying down only to reappear when you cough or attempt to do something strenuous.

If you suffered a hernia in the workplace and feel that the incident could have been avoided, you should discuss the circumstances leading up to when you sustained the injury with a solicitor. You may find that you could be entitled to file a hernia injury claim against your employer providing your case meets specific criteria which are outlined below.

Are There Different Types of Hernia Injuries?

There are several types of hernia injuries you may sustain in the workplace with most being caused because employees do not handle or move heavier items correctly. It could be that you  were not sufficiently trained when it comes to manual handling or given the right tools and equipment to carry out the job safely. The different types of hernia injuries you could sustain while you are at work are listed below:

• Inguinal hernia – this type of hernia occurs at the top of the inner thigh and is when part of the bowel or fatty tissue protrudes through a tear in the wall. Inguinal hernias typically happen through repetitive strain on an abdomen and are often seen due to ageing
• Femoral hernia – like an inguinal hernia, this type of hernia occurs at the top of the inner thigh where part of a bowel or fatty pokes through a tear. Femoral hernias are more commonly seen in women and lie an inguinal hernia, they can develop as a result of repetitive strain on the abdomen and are often typically associated with ageing
• Umbilical hernia – this type of hernia occurs near the navel (belly button) when part of a bowel or fatty tissue protrudes through a tear. When an adult develops an umbilical hernia, it is typically due to repetitive strain on an abdomen. In babies, they occur due to the opening in an abdomen not sealing correctly in newborns
• Hiatus hernia – this type of hernia occurs when part of the stomach squeezes through a tear or opening in the diaphragm into the chest. There may not be obvious symptoms with this type of hernia but it can cause heartburn. Although it is not known why a person may suffer a hiatus hernia, it is believed that pressure on an abdomen as well as ageing could be responsible
• Incisional hernia – this type of hernia can occur when tissue protrudes through the abdomen following surgery where a wound has not fully healed
• Epigastric hernia – this type of hernia occurs between a breastbone and the navel where fatty tissue protrudes through the abdomen
• Spigelian hernia – the hernia protrudes through the abdomen (side of an abdominal muscle) just below the navel
• Diaphragmatic hernia – this type of hernia occurs when organs found in the abdomen move through an opening in the diaphragm into the chest
• Muscle hernia –  this type of hernia is when part of a muscle protrudes through the abdomen (it an also happen in leg muscles)

If you are involved in a workplace accident and you suspect that you may have suffered a hernia, you should seek medical attention as receive treatment as soon as possible if you experience any of the following symptoms:

• Onset of sudden and severe pain
• Vomiting
• Constipation or wind
• The protrusion is firm and tender to the touch or you cannot push in back in

The above symptoms could be an indication of following:

• That the supply of blood to tissue or part of an organ that is trapped in the hernia has been cut which is referred to as “strangulation”
• Some bowel has entered into the hernia and as a result has become blood, known as an “obstruction”

When you suffer a strangulated hernia and your bowel may have become obstructed, you must seek medical attention as a matter of urgency so that you can receive necessary treatment as soon as possible.

How Is a Hernia Sustained at Work Diagnosed and Assessed?

If you were involved in a workplace incident and suspect that you have suffered a hernia, you should seek medical attention as soon as possible so that a doctor or other medical professional can examine the affected area. You may need to undergo an ultrasound to determine the extent of the damage and once this has been established, a doctor would then recommend whether surgery would be necessary.

It is worth noting that in some cases a doctor would not recommend surgical intervention when you suffer a hernia more especially if your general health is deemed to be poor. However, although a hernia would not typically get any worse, it would not heal on its own without surgery, but a doctor could deem that the risks associated with hernia surgery greatly outweigh any potential benefits of undergoing this type of invasive treatment.

Should a doctor recommend that you undergo surgery to repair the damage, there are two types which are listed below:

• Open surgery which involves making a incision which allows a surgeon to push the lump or mass back into your abdomen
• Keyhole surgery which is far less invasive but at the same time more challenging and which is referred to as laparoscopic surgery

It is worth noting that any type of hernia surgery would mean that you would need time off work to fully recover. This could mean that you would not be able to bring in your normal wage for a period of time. Contacting a solicitor to discuss whether you could be entitled to seek compensation by filing a hernia at work claim against an employer, could help resolve any financial concerns.

Would My Hernia at Work Claim Be Valid?

Providing you can prove that you suffered a hernia while you were at work carrying out a job you were tasked to do and that you cannot be held responsible for the injury you sustained, you could have the right to seek compensation from your employer. You would have to prove the following:

• You were not given adequate training to carry out a job in the workplace
• That you were not provided with correct manual handling training
• You were not given the correct equipment to do a job safely

You would also need to provide a detailed medical report of the extent of the hernia injury you sustained at work and it must be signed by a qualified medical professional.

How Much Compensation Could I Receive in a Hernia Injury Claim Against My Employer?

The level of hernia injury at work compensation you may be awarded in a successful claim, would depend on the extent of the damage that has occurred. Other factors that would play a part in how much you may receive includes the following:

• Whether you can continue to work in the future or whether you would have to quit the job that you do because of the injuries you sustained in the workplace
• Whether you would require ongoing treatment

As such, the amounts provided below are given as a guideline only bearing in mind that all personal injury claims against third parties are assessed as unique. As such, the hernia injury at work compensation you may receive, could be more or less than indicated:

• A hernia where there is ongoing, continuous pain and a lack of ability to carry out physical activities, whether social or work-oriented, you could be awarded between £13,080 and £21,190
• Inguinal hernia where there is some risk of suffering another hernia after surgery, you may be awarded between £6,140 and £7,990
• An uncomplicated indirect inguinal hernia, you may be awarded between £2,980 and £6,330

Is There a Time Limit to Filing a Hernia Injury at Work Claim Against an Employer?

If you suffered a hernia at work and would like to seek compensation from your employer, you have 3 years from the date you were injured in the workplace. However, if you suffered a hernia prior while you were at work prior to your 18^th birthday, the statutory 3 year time limit begins from the date you turn 18. Should you be diagnosed as suffering from a medical condition that can be linked to the fact you suffered a hernia at work, the time limit of 3 years begins from the date of the official diagnosis.

Could I Lose My Job For Filing a Hernia Injury at Work Claim Against My Employer?

Your job would be safe even if you choose to seek compensation for a hernia injury you sustained in the workplace through no fault of your own. Should you be threatened with the sack or redundancy because you file a personal injury claim against your employer, they would be acting illegally because part of your worker’s rights is to seek compensation for the pain, suffering and out of pocket expenses you may have incurred through the negligence of an employer or because a work colleague caused you to suffer a hernia at work.

What Can I Include in My Hernia Injury at Work Claim?

Personal injury compensation is calculated in two parts which cover “general damages” and “special damages”. The general damages you may be awarded in a successful hernia injury claim would reflect the extent of your injuries as well as the pain and suffering you had to go through. Special damages are awarded and calculated on all the out of pocket expenses you had to pay out as a direct result of having suffered a hernia injury at work.

Special damages cover things like travel expenses whether you get to a hospital or other medical facility for treatment by bus, car, taxi, train or other means. They also cover all your medical expenses and any other costs you had to pay out because of your hernia injury. As such, you must provide evidence of your expenditure by way of receipts which would be used to determine the level of special damages compensation you may be awarded.

Should I Sue My Employer For a Hernia Injury At Work?

As an employee, you have many rights which are highly protected in the UK. This includes being able to file a hernia injury at work claim against your employer in order to seek compensation for the pain, suffering and expenses you incurred. You have the right to do this without the fear of being treated detrimentally or unfairly and without the worry of being sacked from your job.

Your employer must also carry valid liability insurance which must be issued by a recognised insurer. The cover must also meet the legal requirement of £5 million and failure to have the necessary insurance in place would result in heavy fines being levied against your employer. When you file a hernia injury at work claim against your employer, they would hand your case over to their insurers and it is the insurer who would deal with all aspects of your claim, this includes the following:

• Investigate the circumstances leading up to the incident that left you suffering with a hernia
• Handle the case should your employer deny liability
• Negotiate a settlement should it be decided for your hernia injury at work claim would not to go to court with the majority of personal injury claims being settled out of court
• Pay out the final hernia injury at work compensation you may be awarded

What are My Rights if I Suffer an Hernia Injury at Work?

As previously mentioned, all worker’s rights are protected in the United Kingdom which includes when you suffer any sort of injury or suffer harm while you are at work. Your rights include the following:

• You have the right to file an accident at work claim if you are injured in the workplace through no fault of your own and can prove the incident occurred in the last 3 years due to employer negligence
• You have the right to seek compensation for injuries sustained in the workplace without having to worry about losing your job or being treated unfairly

Being sacked, treated unfairly or detrimentally because you make a personal injury claim against your employer is against the law. As such, your employer would be acting illegally and you should contact a solicitor to get legal advice on whether you can sue your employer for behaving in this way towards you.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

Your employer has a responsibility to keep you safe from harm while you are working for them. Failure in their “duty” towards employees that results in an accident at work injury, would mean an employer would be held liable. Your employer’s responsibility towards you includes them doing the following:

• That you are provided with the correct level of training to carry out your job and to take part in ongoing training courses at regular intervals
• That all the tools, equipment and machinery you use in the course of a working day are correctly maintained and kept in good working order
• That regular and frequent risk assessments are carried out to identify dangers and to set in place reasonable measures to reduce the risk of harm and injury occurring
• That you are made aware of all working practices and procedures in the workplace
• That adequate personal protective equipment which must be correctly stored and maintained is made easily available when needed to carry out a task safely

Should an employer fail in any of the above and you suffer a hernia injury in the workplace, you could be entitled to seek compensation by filing an accident at work claim against your employer.

What Are The Benefits of Working With a Solicitor on a Hernia Injury Claim?

The benefits of working with an accident at work lawyer when making a hernia injury claim against an employer are numerous and having the legal expertise of a solicitor working on your case allows you to concentrate on your recovery. Listed below are just some of the advantages of having a lawyer represent you when filing a work-related personal injury claim against an employer:

• The solicitor would offer you an initial, no obligation consultation so they can determine whether you have a strong case against a negligent employer. This initial meeting or telephone conversation is typically free of charge
• A solicitor has vast experience in representing employees who have been injured in the workplace and has access to legal libraries which they can reference when needed
• The solicitor would arrange for you to be seen and examined by an independent medical professional whose report would be crucial when it comes to filing a hernia injury claim and it would be used as a basis for the “general damages” you may be awarded in a successful claim
• A solicitor would agree to work with you on a No Win No Fee basis which allows them to begin their investigations into your hernia injury claim without asking you to pay them an upfront fee and there would be no ongoing payments to find either as your case progresses whether through the court or negotiation with your employer’s liability insurance provider
• A solicitor respects the pre-action protocols and the 3 year statutory time limit that must be respected when making a work-related personal injury claim
• Should your injuries be extremely severe and therefore a final settlement would not be reached for longer than usual, the solicitor would ensure that you receive interim payments to alleviate any financial worries you may have to cope with
• A solicitor would ensure that the hernia injury at work compensation you are awarded is acceptable
• The solicitor would arrange for you to receive ongoing treatment and therapy if needed

Would a Solicitor Work on a No Win No Fee Basis on My Hernia Injury Claim?

As previously mentioned, an accident at work lawyer would determine whether you have a valid hernia injury at work claim and that your employer could be held liable for the injuries you sustained. Once satisfied, the solicitor would agree to represent you on a No Win No Fee basis taking all the worry of finding the money to pay for the legal representation they provide throughout your case, off the table. The only time you pay a solicitor who works on a No Win No Fee basis is when you are awarded the hernia injury compensation you seek which is deducted from the amount of money you receive.

A Conditional Fee Agreement sets out the T&C’s of the contract between you and the solicitor and it also sets out the “success fee” which is the agreed percentage that would be payable on a successful claim. Should your case not succeed, the “success fee” would be waived which in short, means you would not have to pay for the legal representation you received in your hernia injury at work claim against an employer.

Informative Links

If you would like to know more about how a hernia is treated, please follow the link below which takes you to the NHS official website:

More about hernia treatment

If you would like information on your rights in the workplace, the following link takes you to the Equal Opportunities Commission website where you will find a lot of useful information on the topic:

More about your rights in the workplace

If you were involved in a workplace incident that resulted in you falling from a height and injuring yourself, it can be an extremely frightening experience. You could suffer life-changing injuries leaving you marked psychologically when you fall from a height at work whether you sustain fractures, you damage your back or suffer head injuries. To find out whether you may be entitled to claim compensation for a fall from height injury, please read on.

Who Is Most at Risk of Suffering a Fall From Height Injury at Work?

Working in some industries puts you more at risk of suffering a fall from height injury than others. These high-risk professions are listed below:

• Construction workers
• Window cleaners and installers
• Scaffolders
• Warehouse workers
• Roofers
• Shelf stackers in supermarkets
• Civil engineers

Although working in any of the industries listed above would put you more at risk of falling from a height at work and injuring yourself, they are just some of the working environments that are considered “high-risk” but it is worth noting that you could be involved in a fall from height in other working environments too.

What Are the Most Common Causes of a Fall From Height at Work?

There are many ways that you could injure yourself in a fall from height at work, but the most commonly reported incidents include the following:

• Incorrectly constructed scaffolding
• No safety rails on ledges or scaffolding
• A fall from a broken or unstable ladder
• No anti-slip mats on higher platforms or surfaces
• No safety rails/barriers around an open drain/hole

With this said, roofers who are carrying out work or repairs in bad weather conditions are also at greater risk of suffering a fall from a height and injuring themselves. If you were injured in a fall from height at work, you could be entitled to seek compensation from an employer, providing your claim meets specific criteria which includes filing a claim before the statutory time limit runs out.

What Are My Employer’s Responsibilities in Preventing a Fall From Height at Work?

Your employer has a duty to carry out frequent and regular risk assessments in the workplace and to set in place all reasonable measures to reduce the possibility of accidents occurring which incorporates falls from a height. There is also a specific law that covers working at height which is as follows:

• The Work at Height Regulations 2005

This law requires that apart from carrying out regular risk assessments in the workplace,  your employer does the following to reduce the risk of an accident at work which could involve a fall from height from happening:

• That all working surfaces are kept dry, free from obstacles and that they are stable
• That all equipment, tools and machinery is kept in good working order to reduce the risk of any malfunctions occurring while employees are working at height
• That employees who work at height are given adequate training to carry out their work safely
• That employees are given the correct personal protective equipment and that it is good condition

Should your employer fail to keep you safe from falling from a height and injuring yourself, they could be held liable and as such, you could be entitled to seek compensation by filing an accident at work claim against them.

What Should I Do Following a Fall From Height at Work?

As previously mentioned, a fall from a height at work can be a very traumatic experience and even if you believe you have not suffered any substantial obvious injuries, you may have damaged internal organs when you fell. The problem is that when you are involved in this type of incident whether in the workplace or elsewhere, your adrenaline kicks in which could mean you are not aware of just how seriously you have been injured in the fall. First and foremost, following a fall from height at work, you should seek medical attention as a matter of urgency so that you can be examined without any undue delay.

Other steps that must be taken following a fall from height at work are listed below:

• Make sure that an official record of the incident has been noted in the work’s accident report book. If you find there isn’t one, you should write a letter or send a personal email detailing the workplace accident and the injuries you sustained. Should you not be able to do this due to the extent of your injuries, ask a trusted work colleague to do this on your behalf. Once you are able, you can check the report and you have the right to correct any information that you feel is incorrect
• Take photos of where the workplace accident occurred and if possible, ask for any CCTV footage if available to which your employer must respond and provide in a timely manner
• Take photos of the injuries you sustained in the fall from height at work preferably before you have been treated
• Get witness statements and their contact details which would be required when making a fall from height at work claim
• Get a detailed medical report of your injuries which should include all diagnostic tests like X-rays which would be required to establish the extent of your injuries and would be used as a basis for the general damages you may be awarded in a successful claim

The more evidence you can provide to prove that you sustained your injuries in a fall from height at work, the stronger your case would and the more chance you would have of being awarded the level of compensation you deserve.

Would My Fall From a Height Injury Claim be Valid?

For a fall from height claim to be valid, you would need to provide evidence that the incident that left you injured was caused either through employer negligence because they failed in their duty to keep you safe or that a work colleague made an error of judgement which resulted in you falling from a height and injuring yourself.

However, if you think you may be partly liable for the workplace accident, you should still contact a personal injury solicitor who would determine the extent of your responsibility by investigating your claim. It could be that your employer was also partly responsible which is referred to in law as “vicarious liability”. Once this has been established, you would be awarded less in the way of compensation because your level of liability would be factored into the amount you are awarded.

An accident at work lawyer would investigate the circumstances that led up to you suffering a fall from height at work in the following way:

• Whether the workplace was safe
• That you were given adequate training
• That your employer had set in place all reasonable measures to reduce the risk of employees falling from a height and injuring themselves
• That your employer had carried out regular risk assessments of the working environment
• That the machinery, equipment or tools you were using were in good working order
• That you were given the correct personal protective equipment to carry out your job safely
• That the workplace accident occurred in the last 3 years

Once an accident at work lawyer is satisfied that your case against an employer is strong and that you are entitled to seek compensation by filing a fall from height claim, they would typically offer to represent you by signing a No Win No Fee agreement. This means the firm of solicitors can begin working on your claim without the need to request an upfront fee for doing so.

What Can Be Included in a Fall From Height at Work Claim Against an Employer?

Accident at work compensation is divided in two parts when it comes to determining how much you  may be awarded if the case is upheld whether by a judge or by your employer’s liability insurance providers. The first part is known as “general damages” which are awarded to compensate you for the injuries you sustained in a fall from height at work accident. The second is “special damages” which are awarded for all the out of pocket expenses you paid out as a result of being injured in the workplace through no fault of your own.

A judge or your employer’s liability insurance provider would need to see proof of your expenditure in order to calculate how much you would receive in “special damages”. As such, you would need to provide the following:

• Receipts of all your medical expenses which includes prescriptions
• Receipts of all your travel expenses whether you went by car, taxi, bus or train to receive medical treatment for the injuries you sustained in the workplace
• Receipts for all other costs and expenses you incurred which would include any money that you had to pay out for adaptations to your home and care costs

Once a No Win No Fee solicitor has all of the above in hand, they can then negotiate a fair and acceptable level of fall from height at work compensation for you which would include general damages and special damages.

Is It Right to Sue an Employer for a Fall From Height Injury?

As previously mentioned, a fall from height at work accident can be an extremely traumatic experience that could not only leave you physically injured, but psychologically damaged too. As such, you have the right to seek compensation from your employer providing you can show they failed to keep you safe from injury and harm while you were in their employment.

By law, your employer must carry sufficient liability insurance which covers all workplace accidents that leave employees, other workers who are under their control and visitors injured. The legally required insurance cover is set at £5 million and the policy must be issued by a recognised company.

When an employee seeks compensation for injuries sustained in the workplace, it is the employer’s insurance provider who settles the amount that is awarded in a successful fall from height claim. It is worth noting that the majority of personal injury claims never get to court with 95% of cases being settled beforehand by insurance providers.

Is There a Time Limit to Making a Fall From Height Claim Against a Negligent Employer?

The statutory time limit for filing a fall from height at work claim against a negligent employer is 3 years. However, should you have been injured in the workplace prior to your 18^th birthday, the 3 year time limit begins from the day you turn 18.

Should you be diagnosed as suffering from a medical condition that is directly linked to the injuries you sustained when falling from a height while you were at work, the statutory 3 year time limit begins from the day you were officially diagnosed by a medical professional.

Although 3 years seems like a long time to file a fall from height claim against your employer, it takes a lot of effort to collect all the evidence that is needed to prove a case. Gathering medical reports and other information is time consuming and as such, it is far better to start a claim sooner rather than later to avoid running out of time.

Can My Employer Fire Me For Filing a Fall From Height Claim Against Them?

Worker’s rights if injured in an accident at work are protected in the United Kingdom. As such, your employer cannot use the fact that you seek compensation from them as an excuse for firing you. There must be another good and valid reason other than the fact you are seeking compensation for you to be sacked from your job.

Should an employer attempt to fire you or to treat you unfairly in any way, you should contact an accident at work solicitor who would offer essential advice on whether you could take further legal action out against your employer. This includes filing a detriment claim and an unfair dismissal claim for which there is a strict 3 month time limit.

Do I Have Rights If I Am Injured in a Fall From Height at Work?

As previously mentioned, your worker’s rights are protected in the workplace and this includes when you are injured in a fall from height. You have the right to do and be entitled to the following:

• To file an accident at work claim against a negligent employer
• To receive a level of compensation to suit the workplace injuries you sustained

If your employer objects to you filing a fall from height claim against them or they deny liability, you should seek legal advice as soon as possible from a lawyer who specialises in accident at work claims. The lawyer would begin investigating your case once they are satisfied that your employer could be deemed liable for the fall from height at work injuries you sustained.

How Much Compensation Could I Receive For a Fall From Height at Work Injury?

The level of fall from height at work compensation you may be awarded if your case is successful, would depend on the extent of the injuries you sustained and how your overall life, well-being and ability to work has been affected. Should your injuries be such that they prevent you from working again, you would be awarded more in the way of compensation than if you were able to return to work when you are fully recovered from the injuries you sustained.

Are There Any Benefits to Working With a Solicitor on a Fall From Height at Work Claim?

Working with a solicitor on a fall from height at work claim provides many benefits and advantages, one of which is that you would be access to specialist treatment and therapy should your injuries be such that you would need ongoing medical care. With this said, other advantages of having legal representation in a fall from height claim against an employer who could be held liable for your injuries due to their negligence in the workplace, includes the following:

• Lawyers can access legal libraries which they can reference when needed during your fall from height claim
• Once a solicitor has established you have a strong case against a negligent employer, they would agree to work on your claim on a No Win No Fee basis which takes all the pressure of finding the money to pay for legal representation when you need it off the table, leaving to place all your focus on recovering from the workplace injuries you sustained
• They have vast experience in handling accident at work claims for employees who sustained injuries in the workplace
• They can communicate directly on your behalf with your employer and their liability insurance providers
• An accident at work lawyer would investigate your employer’s claim that they are not responsible for the injuries you sustained at work and would work hard to get them to admit responsibility should this be the case
• A solicitor would file court proceedings against your employer should they insist they are not liable for the workplace accident that left you injured
• A solicitor understands the need to follow pre-action protocols and that the 3 year statutory time limit must be respected for a fall from height claim to be successful
• A solicitor would negotiate interim payments should your case be complex which could mean that reaching a final settlement could take longer than usual
• The solicitor would ensure that the fall from height compensation you are awarded is fair whether this is reached through the courts or in an “out of court” settlement because 95% of personal injury claims are settled before they go before a judge
• A solicitor would ensure you receive the right medical treatment for the fall from a height at work injuries you sustained which includes any aftercare and ongoing therapy that may be required

Would a Solicitor Work on a No Win No Fee Basis on My Fall From a Height at Work Claim?

Once a firm of solicitors has determined that you have a strong fall from height at work claim against an employer who could be held liable for the injuries that you sustained, they would offer to work on your case on a No Win No Fee basis. This means that you would not have to find the funds to pay them for doing so and there would be no ongoing fees to pay the lawyer as your fall from height claim against an employer progresses either.

Conditional Fee Agreements were set in place to help people seek compensation from a third party should they have suffered an injury. This includes employees who are injured or harmed while they are in the workplace. Once you sign a CFA with a lawyer who specialises in accident at work claims, it allows them to begin working on your case by investigating the circumstances that led to you falling from a height at work and being injured. No Win No Fee agreements are legally binding contracts between a solicitor and the person who is filing an accident at work claim against a third party.

The agreement lays out the Terms and Conditions of the contract and the percentage that would only be payable to the solicitor when you win your case and awarded fall from height compensation for the injuries you sustained. This is referred to in the agreement as a “success fee” which is then deducted by the solicitor from the amount you are awarded. Should you lose your claim against an employer, there would be nothing to pay the solicitor who represented you because they entered into the No Win No Fee agreement with you.

Informative Links

If you would like to find out more information on your worker’s rights if you have been involved in a workplace accident, the following link provides essential reading:

Your worker’s rights

To find out more about working from height regulations, please follow the link below:

Work at height regulations