Hernia injury compensation claims
This easy-to-follow guide explains everything you need to know about making a successful hernia compensation claim.
Many people who have sustained a hernia injury experience ongoing pain and problems with mobility.
UK courts recognise that hernia injuries can cause considerable pain and suffering, can restrict an individual's ability to work, and can prevent them from enjoying hobbies and other activities they could perform before the injury.
If a hernia injury was caused by third party negligence, such as the result of inadequate training in the workplace, a manual handling accident, or as a result of medical negligence, a claim for compensation may be possible.
Although hernias can be brought on by injury, pregnancy or ageing, the most common cause in hernia or double hernia compensation claims is physical stress.
Most often this is the result of incorrect manual handling of heavy objects in the workplace - with the groin and abdomen the areas most likely to be affected.
The most common type of abdominal hernia is an inguinal hernia. This occurs when fatty tissue or a part of a bowel pokes through into the groin at the top of the inner thigh. Other types of abdominal hernia linked to physical stress include:
Another familiar type of hernia seen in compensation cases is hernia of the spine or spinal discs (a slipped disc) which can lead to sciatica, resulting in lower back and leg pain. Incisional hernias caused by a weakness or tear at the site of a previous surgical incision are also common claims.
Treatments for hernia vary, with hand manipulation being one. However, if there is concern that it could lead to bowel obstruction or strangulation - where the blood supply is cut off - surgery will be required. This in itself poses further risks, including the possibility of negligent hernia surgery.
I have a strong claim - why won't a solicitor take it on?
A claim should be possible if you were injured:
- in the last three years and
- another party was to blame (even partly) and
- that party owed you a duty of care
If there was blame on both sides a hernia injury claim may still be possible with a split liability agreement.
However, some personal injury solicitors might not take on your claim, even if you do qualify.
For a claim to successful, it has to be shown that the hernia was the direct result of the actions of another.
A claimant arguing that the hernia was caused by activities in the workplace 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 accounr.
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.
The overall value of a hernia compensation claim varies greatly and is based on the individual facts of the case. This will include:
- The severity of the hernia or double hernia symptoms
- The length of time the claimant has been affected
- Whether or not they have had to give up work
- Whether they will require ongoing treatment
Compensation could also be claimed for existing conditions or earlier injuries that have worsened as a result of the accident or illness.
No win, no fee means that you will not have to pay any legal fees if your claim is not successful.
If your claim is successful then you would pay the solicitor a success fees which would be deducted from your compensation. You and your solicitor would discuss and agree the success fee at the start of the case.
How can Quittance help?
Quittance is a panel of highly experienced personal injury solicitors. Our solicitors have an excellent track record of winning hernia injury claims and will fight for the best possible compensation settlement for you.
To speak to us about your claim, without obligation, call 0800 612 7456 or click here to arrange a callback.
Meet the QLS team
The national panel of QLS solicitors carry out the legal work for all types of compensation claim, from short-term injury cases to life-changing injury. Selected on the basis of their success rate in winning claims, Quittance's panel solicitors have years of dedicated experience.