Is it possible to claim for hernia injury at work compensation? I am sure that my hernia was caused by repetitive lifting of heavy objects.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
You would be entitled to claim hernia injury at work compensation if it can be proven that your injury was due to the negligence of your employer. Hernias can be caused by a number of reasons but it is not uncommon for them to develop because the victim has not been properly trained in proper lifting, pushing and carrying techniques which should be given if the employer adheres to the correct health and safety regulations.
Employers have a duty of care to provide their employees with a safe working environment and according to the Manual Handling Operations Regulations he or she should make sure that the manual handling of tasks is avoided in all possible scenarios with mechanised alternatives used instead. Your employer should also perform regular risk assessment and failure to observe these regulations could give rise to a legitimate hernia at work compensation claim.
There is, however, the possibility that your hernia injury at work compensation claim may be contested by the employers legal representatives who may deny their client’s liability and claim that your hernia developed due to your family history or obesity for example, even when manual handling and repetitive strain on the muscles are common causes of the development of a hernia.
If you believe that your hernia has been caused by your employer’s negligence and you feel that you should qualify for hernia injury at work compensation, you would be highly advised to seek the assistance of an experienced solicitor who can assess your claim and recommend the best way to pursue it.