Hernia injury
compensation claims

If a hernia injury 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 compensation claim with the help and support of a personal injury solicitor.

Introduction

If you have sustained a hernia injury, you may experience ongoing pain and problems with mobility. The groin and abdomen are the areas most likely to be affected by a hernia.

UK courts recognise that hernia injuries can cause considerable pain and suffering.

A hernia can restrict your ability to work and prevent you from enjoying hobbies and other activities.

If your hernia injury was caused by another person's negligence, a claim for compensation may be possible.

Causes and symptoms

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.

Hernia injuries are often associated with inadequate training in the workplace, manual handling accidents, or as a result of medical negligence.

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 type of hernia 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:

• Femoral
• Umbilical
• Hiatus
• Epigastric
• Spigelian

Another familiar type of hernia seen in compensation cases is hernia of the spine or spinal discs (a slipped disc). A spinal hernia 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. Surgery in itself poses further risks, including the possibility of negligent hernia surgery.

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 2023 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?

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.

Read more: What happens during a medical exam for an injury claim?

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 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.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College 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.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Can I claim compensation for a psychological injury?

If you have experienced psychological issues in addition to physical symptoms, you are not alone.

Our 2023 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

Hernia injuries often lead to anxiety about physical strain and the impact on daily activities and work.

A specialist solicitor will consider psychological harm when calculating your compensation. Psychiatric injuries are recognised in the official guidelines for compensation, and the cost of treatment and other mental health support should be included in your compensation award or settlement.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

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:

Work
accidents

Public
places

Road
accidents

Medical
negligence

Other
accidents

Injury FAQs

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What if a child was injured?

How we can help you with your injury claim

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

• FREE
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Handled with the utmost professionalism... extremely kind, courteous and empathetic.

The Good Solicitor Guide

Kevin Walker obtains £80,000 for a construction worker's catastrophic hand injury

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Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Legal Services. 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.