£6k compensation awarded for hernia from heavy lifting

An employee who suffered a hernia was awarded £6,000.00 in 2003 by the Bolton County Court for his pain, suffering and loss of amenity.

The claimant, a 36-year-old joiner, injured himself at work while lifting a heavy and awkwardly shaped UPVC unit. He immediately felt pain and was later diagnosed with a bilateral inguinal hernia. Due to the severity of the hernia, he required emergency surgery within two months of the accident. Although the surgery was successful, he experienced pain for over six months post-operation and was unable to return to full duties for three months, only performing light tasks upon his return.

The surgery left him with two scars, measuring 11 cm and 9 cm, in his groin area.

The claimant was entitled to compensation as his employer had breached their common law and statutory duty to provide a safe working environment. There had been no risk assessment, and the claimant had not received adequate manual handling training or assistance, which contributed to the injury.

Case Outcome

Based on today's figures, factoring in the Retail Price Index, the claim would now be worth just over £8,500.

The compensation covered the claimant’s hernia operation, six months of post-surgery pain, and the fact that he had not fully recovered upon returning to work, as he could no longer perform heavy lifting.

Although the claimant received compensation for scarring, it was not substantial. The Court considered that, as a male, the scarring in the groin area would be less noticeable and not significantly affect his appearance.

See also:

Personal Injury Solicitors in Bolton

Disclaimer

Case studies are for informational purposes only and aim to help prospective claimants understand the injury claim process. They are based on cases handled by Quittance panel solicitors or sourced from public court records.

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.