Accident at Work – Hernia
An accident at work was caused to a worker acting as a delivery man. He was lifting a bag of heavy post one day when he felt a sudden pain in his side. The pain in his back was then examined and was diagnosed as suffering from a hernia. This caused severe pain for six months whilst waiting for surgery. He was absent from work while he was waiting for his surgery to repair the tissue. During this time he found simple tasks to be harder and difficult to undertake at home such as DIY, gardening and cooking and relied upon his family and friends to help him out.
As a result of her pain she could only work part time and could not stand up for long nor lift anything. The results of this lead her to working in an office that did not require her to lift. For her injury and pain she was compensated £14,300 and for her loss of earnings she was granted £12,700. In addition she was awarded a lump sum of 1.5 years loss of net earnings for a Smith v Manchester Claim, known as a handicap on the open labour market head of loss where the courts will compensate a accident at work claimant where they would be disadvantaged in their current employment or were to seek new employment because of the injury.