Work Related Hernias - What Is a Hernia and Who Can Claim Compensation for One?

Hernias are far more common than most people imagine, with roughly a quarter of males (but only 3% of women) suffering inguinal hernias at some point during their lives. Inguinal hernias involve a rupture of the abdominal wall, caused by muscle weakness in the groin region. Portions of the lower bowel, intestines and fatty tissues protrude through, causing a visible bump, that will normally feel uncomfortable and ache periodically. A large percentage of hernias are caused by physically demanding tasks in the workplace. Legislation enforces strict responsibilities on employers to take all reasonable measures to protect employees from the risk of injuries at work. Hernias are often the direct result of an employer's negligence in this regard, and where this is the case they may be sued for compensation by an injured worker.

Doctors always advise surgical intervention when an inguinal hernia is detected, as there is otherwise a risk of the hernia cutting off the blood supply, damaging soft tissues and obstructing the bowel (known as a strangulated hernia). An inguinal hernia is repaired by massaging the protuberance back inside its cavity, and then sealing the rupture in the abdominal wall with a synthetic mesh or plastic gauze. Other less common types of hernia, including hiatus hernias (lower chest) and femoral hernias (inner thigh) will be treated in the same manner. Hernia repair operations are carried out under anaesthetic, and the 2 weeks following the operation will be the most difficult for the patient, involving often intense pain and complete lack of mobility. The healing period normally takes 2-3 months, though there may be ongoing weakness and physical limitations many months later, as well as a long-term risk of recurrence.

A direct inguinal hernia is one that is caused by deterioration of the abdominal muscles, as opposed to an indirect inguinal hernia, that is caused by congenital defects. Most work related hernias are direct inguinal hernias, caused by sudden trauma or continuous physical stress. This is usually the result of heavy or repetitive manual handling tasks in the workplace. Lifting, carrying, pulling and pushing of heavy or awkward weights, especially in confined spaces, can lead to a worker developing a hernia. Repetitive movements that place minor but constant stress on the lower body can also cause hernias, by degrading the abdominal wall over time, including bending, twisting and stretching motions. Mental stress is also known to be a contributory cause of hernias, as the muscles are constantly tense when a person is stressed or under pressure, and therefore more likely to suffer a rupture.

The Manual Handling Operations Regulations 1992 contain detailed guidance and strict limits on the amount of weight that an individual worker should be asked to lift by hand. Wherever possible such manual handling tasks should be mechanised, and where human involvement is unavoidable, workers should be provided with specialist lifting equipment to protect them from the risk of injury. All such tasks must be risk assessed, and properly supervised, to ensure among other things, that workers take sufficient rest breaks. Employers must also provide training in safe manual handling techniques. Where a worker has developed a hernia through no fault of their own, but rather due to the negligence of their employers (or co-workers), they may be entitled to claim compensation for the injury itself, as well as loss of earnings resulting from time off work.