If you have been affected by a hernia injury, we can help
Hernia injuries often occur due to heavy lifting or strain, and can develop gradually as a result of poor working practices, or suddenly in a manual handling accident. Hernia compensation claims typically cover surgical repairs, care costs and lost earnings during your recovery, and the cost of adjustments in daily activities or job responsibilities.
If your life, or the life of a loved one, has been affected by a hernia injury, we can help. If your injuries were caused by someone else's actions or negligence, you can claim to claim compensation. You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.
Things to consider when you claim for a hernia injury
- Employers owe a duty of care to manage manual handling risks, by providing appropriate training and lifting equipment if necessary.
- If you have a history of hernia-related injury, your employer should have taken additional steps to protect you.
- You can claim if you suffered a hernia injury at work, due to your employer's negligence.
- You can also claim if a hernia injury was misdiagnosed, or you received inadequate treatment from a doctor or specialist.
- Compensation can start at £3,760 for an uncomplicated indirect inguinal hernia, up to £26,810 for ongoing pain and disability after surgery.
- You have up to 3 years from the date of your injury to start a claim.
- You can claim on a no win, no fee basis.
- Your compensation is based on how serious your injury is, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
- Hernia surgery often requires a significant recovery period. Compensation will also cover lost earnings and care costs during your rehabilitation.
With over 200,000 hernia admissions each year, you are not alone
According to a review of NHS reports, 205,087 hernia patients were admitted to hospital in 2021-22 (digital.nhs.uk).
If your hernia injury was caused by another person's negligence, a claim for compensation may be possible.
If you are looking for information on hernia symptoms and treatment, see: Hernia (nhs.uk).
How much compensation can I claim for a hernia injury?
The level of compensation you can claim for your hernia injury will depend on:
- the degree of your illness,
- the effect your illness has on your daily routine and work life,
- the losses and expenses you?ve incurred as a result of your illness.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your hernia injury. Compensation can include loss of earnings (including future earnings loss and retraining costs), and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as surgical repair, pain medication, monitoring and hernia belt.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average hernia injury general damages compensation table
The following hernia injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Hernia injury
Severity | Example | Amount |
---|---|---|
Lesser | Uncomplicated indirect inguinal hernia, with no other damage | £3,760 to £8,030 |
Moderate | Direct inguinal hernia, with some risk of recurrence after repair | £7,780 to £10,110 |
Serious | After repair, you still experience ongoing pain and your daily life and ability to work is affected | £16,530 to £26,810 |
Do I qualify for hernia injury compensation?
You can make a claim for a hernia injury, if:
- you were injured within the last 3 years, and;
- another person was at fault, and;
- that person owed a duty of care to prevent foreseeable hazards.
Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Can I claim if I feel I was partly to blame?
Identifying who is legally responsible for a claimant's injuries is not always obvious.
In our 2024 Personal Injury Claimant Survey, 13.99% of respondents felt they were at least partly responsible for their accident or injuries.
Even if your actions or negligence played a role in the accident, you could still be eligible for compensation. Cases with shared fault (contributory negligence) frequently settle through a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
Causes and symptoms
Hernia injuries, often resulting from physical stress like improper manual handling in the workplace, can lead to ongoing pain, mobility issues, and impact your ability to work and enjoy activities.
They often occur in the groin and abdomen, with inguinal hernias (where fatty tissue or part of the bowel protrudes into the groin) being the most common type.
Other hernia types linked to physical stress include femoral, umbilical, hiatus, epigastric, and Spigelian hernias. Spinal hernias or slipped discs, leading to conditions like sciatica, are also frequent in compensation claims, as are incisional hernias at previous surgical sites.
Treatments vary, with surgery often required to prevent complications like bowel obstruction or strangulation. However, surgery carries risks, including potential medical negligence. Hernias can also result from injury, pregnancy, or aging, but in compensation claims, they are most commonly associated with workplace-related physical stress.
See also:
Inadequate training in the workplace
Who is liable?
For a compensation claim to be successful, your solicitor will need to demonstrate that the hernia was the direct result of the actions of another.
Work-related hernias
A claimant arguing that activities in the workplace caused the hernia must be able to prove that the activity was indeed the cause. A medical report will be necessary to confirm this.
If 'causation' is established, the employer would be held liable under a range of legislation, but primarily:
- The Manual Handling Operations Regulations 1992
- The Management of Health and Safety at Work Regulations 1999
Both of these regulations require employers to ensure the safety and well-being of their employees. This includes carrying out adequate risk assessments and implementing health and safety procedures, such as providing staff training on load weight and risk of hernia.
More specific requirements relating to ergonomics (the fit between the work, workers and the workplace) also exist. The physical aspects of a person such as weight, build, strength, fitness, posture and any muscle strains or stresses must be taken into account.
Surgical hernias
A claimant suffering a hernia attributed to clinical or surgical intervention must be able to prove that the actions of the medical staff were indeed negligent. The same must be proven in cases for hernia surgery - when the procedure to repair a hernia causes further suffering.
Medical staff have a legal duty of care towards their patients and a code of practice to follow.
If their patients suffer harm that was the direct result of their actions, they could be held liable. In these cases, a solicitor will consider questions such as:
- Did avoidable errors occur during surgery?
- Did the hernia re-occur due to poor application of the repair surgery?
Medical reports and expert professional opinion will be critical.
How the cause of your hernia affects the claims process
The claims process depends on how your hernia occurred. Click the icons below to learn more.
Can I make a no win, no fee hernia injury claim?
Yes. With no win, no fee, you can claim hernia injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to an injury specialist about your claim?
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Manual handling. Manual Handling Operations Regulations 1992 - Guidance on Regulations - L23 (reviewed: 02/08/2024)
The Management of Health and Safety at Work Regulations 1999 (reviewed: 29/07/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.