If a hernia has set you back, we'll help you move forward

Hernia injuries often occur due to heavy lifting or strain, with compensation claims typically covering surgical repairs, recovery time, 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 may be entitled to claim compensation. You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

With almost 180,000 hernia admissions each year, you are not alone

According to a review of NHS reports, 177,397 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).

Do I qualify for hernia injury compensation?

You will usually be eligible to claim compensation if you have been injured in the following circumstances:

  • in the last 3 years, and;
  • another person or organisation was to blame, and;
  • they owed you duty of care.

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?

How much compensation can I claim for a hernia injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

Hernia injury compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated May 2024 Compensation Calculator v3.04

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA). UK courts recognise the significant discomfort caused by hernias.

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

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

Average hernia injury general damages compensation

The following hernia injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth 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).

Example Amount
Bowel injury
Penetrating injuries with some permanent damage £11,450 to £22,250
Serious abdominal injury £40,540 to £63,390
Total loss of natural bowel function Up to £136,460
Pelvis and hip injury
Soft tissue injury Up to £3,590

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

Manual handling accidents

Medical negligence

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:

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 did your injury happen?

Claiming compensation for a hernia injury is dependent on how your injury occurred. Click the icons below for more detail:

No win, no fee hernia injury compensation claims

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.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to an injury specialist about your claim?

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Call 0800 376 1001

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Citations

Chris Salmon, Director

Author:
Chris Salmon, Director