Hernia Injury Claim *
What is a Hernia?
A hernia is the abnormal exit of tissue through the wall of the cavity in which it normally resides and is usually caused by heavy lifting. Hernia claims * are common workplace accidents * and usually arise from manual handling. There a number of different types of hernia and they can affect a number of different areas. A hernia can result in ongoing pain for the injured person and can leave them with mobility problems if left untreated. They can be caused by a number of different reasons in various circumstances and situation. Common causes of hernia claims * are lack or manual handling training or lifting heavy objects at work without the correct tools and machinery to assist you.
Types of Hernia
This is when the stomach bulges up into the chest through the hiatus, which is an opening in the diaphragm. This is generally caused as a result of another injury which has caused the muscle tissue to weaken. It can also be caused by repeatedly putting too much pressure on the stomach muscles as a result of heavy lifting or coughing.
This occurs when tissues come out through a weak spot in the abdominal muscles. This can cause pain and discomfort when coughing and lifting heavy objects. If left untreated, long-term injuries and illnesses can develop. It is important to note that inguinal hernias do not improve on their own and medical attention should be sought to prevent it from worsening over time.
This type of hernia is not very common and generally affects women more than men. It can cause pain and discomfort in inside of the thigh. Common symptoms include nausea and severe stomach pains. Over time, if left untreated, they can block blood flow to the intestines which can cause an illness to develop.
This is when the intestine pushes through the abdominal wall following previous surgery. This is caused as a result of inactivity during the recovery stages of surgery and is very common in elderly people.
Who is Liable?
Although it can be difficult to determine who is liable for a hernia injury this is an important first step in the claims process. This will depend on what you were doing and the time and what situation you were in.
Accident at Work *
Hernias can occur as a result of an accident in the workplace *. For those who lift heavy objects in work on a daily basis, it is important that manual handling training has been delivered by your employer to ensure that you are lifting objects in a way that will not injure you.
In some cases, where manual handling training has not been provided hernias can arise. If you have sustained an injury as a result of this then your employer may be found liable for negligent behaviour and failing to show a reasonable level of duty of care. All employers have a responsibility to ensure the health and safety of their employees while at work. This includes providing them with the correct training. This should be made available to employees throughout the course of their employment. Manual handling accidents * can lead to hernias due to the constant pressure that is put on the muscles in the body.
It is not only one heavy lift that can cause a hernia at work, prolonged lifting of lighter objects can also be a factor in how a hernia came to be. Also, it is important to note that for a claim to be successful you need to prove that the hernia happened as a result of your duties and conditions at work. A hernia can also be caused by other factors, such as, weight and pre-existing medical conditions.
As part of the claims process, you need to show that you informed your employer immediately after you sustained the injury and that your injury was seen and treated by a doctor. You would then submit these details to the Injuries From this along with the help of a workplace accident solicitor * you can then determine where liability lies and if you are in a position to move forward with a claim to the Injuries Board.
Medical Negligence *
This term is used to describe situations where a patient suffers a personal injury * as a result of an error made by a medical practitioner. In most cases, medical professionals are dedicated and diligent and ensure that you are receiving treatment at the highest standard, but in some cases, accidents can happen. If you sustained a hernia as a result of clinical negligence * then the medical practitioner may be found liable. In order to make a claim against them, you will need to prove that there was, in fact, medical negligence which in turn led to injuries being sustained. These types of injuries are treated differently to other personal injury claims * and are not submitted through the Injuries Board, therefore speaking with a medical negligence solicitor * will be your first step in making a claim *.
Signs of a Hernia
- Burning or aching sensation
- Pain and discomfort
- Weakness of the injured area
- Feeling of pressure in the abdomen
Lack of training in the workplace
This is a common cause of hernias due to constant pressure that may be put on the abdominal muscles over time if activities are not carried out correctly. Over time, this can cause great pain and discomfort and can cause a hernia to develop. In order to prevent this, adequate training should be provided to all employees in order to reduce the risk of a workplace accident or injury *.
Lack of lifting tools
If you are in an environment where lifting is an everyday occurrence and your employer had not provided any tools or the tools provided are inadequate or defective then it the may constitute a health and safety breach claim. Your employer is responsible for providing the right tools to do the job and you should not be lifting heavy objects without these tools, for example, lifting or moving a pallet without a pallet truck.
Poor Manual Handling
This is one of the leading causes of a hernia. Lifting a heavy object incorrectly can put pressure on the muscles and weaken the tissue, leading to a hernia. Poor manual handling can also result in various other injuries, so if your employer has provided manual handling training to you, it is important that you follow those guidelines when moving heavy objects. Also, where tools are present for lifting heavy object use them.
Clinical Negligence *
A medical practitioner may make an error during treatment or surgery which can lead to an injury. Medical negligence * can cause a hernia to develop due to errors made during surgery or failing to diagnose an illness or injury that is already there. This can worsen over time and lead to a number of long-term injuries.
Can A Hernia Be Caused By An Injury?
Yes, a hernia can be caused by an injury. Traumatic abdominal wall hernia is rare, but can be caused by blunt force trauma to the abdomen. In children, this may occur from a fall off a bike as bike handle bars hit the abdomen. In adults, this can occur in a car accident.
What is the Average Settlement for a Hernia Injury?
The value of a hernia claim * will depend on the specifics of your accident and case. To understand the value of your case, you must take into account the following:
- The severity of your injuries
- The cost of your medical bills
- How much wages you lost
- Your future medical bills
- Your future lost earnings
- The effect the injury has had on your quality of life
The Injuries Board Book of Quantum categorizes hernia claims * into the following categories:
- Minor – up to €25,700
- Moderate – €31,400 – €46,000
- Severe and Permanent – €46,700 – €60,300
For more information on how to value your claim, visit our compensation estimator page or speak to a personal injury solicitor *.
How Do I Make A Claim for a Hernia?
If you are pursuing a claim for a hernia injuries *, it is important to follow these steps:
- Speak with a solicitor to understand your case and legal standing.
- Provide all necessary documents to your solicitor. Your solicitor will then put your case together and assess medical records to prove your injury
- Your claim is then submitted to the Injuries Board for assessment
- Once the Injuries Board revert with their assessment, your solicitor will talk you through your options. You may accept of reject the assessment. If you, or the other side, decide to reject the assessment, then you move to legal proceedings.
- If you do make it this far, your solicitor will issue legal proceedings and be with you each step of the way.
Note that most personal injury cases * don’t make it to a court room and are usually settled outside of court by way of settlement meeting.
TELL US ABOUT YOUR CASE
If you would like to discuss any aspect of this topic or would like more information on the process of making an injury claim *, feel free to contact our solicitors on 01 649 9900 or email email@example.com.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.