By Lewis Houston. Last Updated 13th October 2023. Personal injury solicitors handle thousands of claims for injuries at work, during road traffic accidents (RTA), and in public places. In this online guide, we explain how you can launch a claim that relates specifically to a hernia injury if it was caused through negligence or a breach of health and safety legislation.
Using our example case study, Mr Alan a 40-year-old warehouse operative, we explain a typical claims process from start to finish. We look at how to establish third-party negligence, calculate the fullest potential amount that might be due to you, and how to find the right personal injury lawyer to support your case for compensation for a hernia injury.
If at any point you have a question about anything mentioned in this article, or if you’d like to proceed with a claim, please don’t hesitate to give us a call at 0800 408 7825 or drop us a line here.
Select a Section
- Case Study: £12,000 Compensation For A Hernia Injury
- What Are The Criteria To Claim Compensation For A Hernia Injury?
- What Are Hernias?
- Can A Hernia Cause Financial Loss?
- Common Hernia Injuries
- How Are Hernia Compensation Payouts Calculated?
- Hernia Settlement Amounts in the UK
- What Are No Win No Fee Agreements?
- Talk To Us About Making A Hernia Injury Claim
- Useful Links On Hernia Settlement Amounts
Mr Alan had recently been employed as a warehouse operative. On the day of his accident his company had fallen behind in an important shipment and everyone was being asked to work overtime to keep up with demand. The problem was the company had been so busy they had not trained Mr Alan in manual handling training.
A box came along the conveyor belt to be moved and almost as second nature, Mr Alan stretched to grab it and haul it into its correct trolley for delivery. The box contained items that were much heavier than the ones usually packaged this way and Mr Alan immediately felt something was up as he suffered pain in his groin.
Mr Alan thought nothing of it and continued to work as normal until one day he was suffering from severe pain in his groin area when he noticed a swelling. The area was quite tender and firm. As the day wore on the pain was unbearable and Mr Alan went to his nearest A and E. He was diagnosed with a strangulated hernia.
It wasn’t until some time later that Mr Alan realised that the hernia had been developed that day when he felt the pain. He spoke with a solicitor who pointed out that due to him having no official training to be able to lift items he had a valid case for compensation.
He was awarded £12,000 in compensation for hernia injury which included special and general damages.
Whilst this is merely an example of the kind of cases personal injury lawyers routinely handle, it shows how with the help of a solicitor liability can be proven. Speak to us today to see how you could benefit from our knowledge and expertise.
What Compensation Payout Did He Receive?
When he used special damages to boost his claim, the breakdown of Mr Alan’s compensation payout for a hernia injury looked like this:
|Hernia Injury £8,500
|Loss of earnings
|Paid carer costs for 1 week – £400
|Travel costs to hospital – £100
You may see many adverts for personal injury No Win No Fee claims these days that have compensation calculators and offer instant payout amounts, but in reality, this is not a reliable way to calculate payouts.
Only after taking everything into account can a precise amount be estimated for your case, when all your different personal aspects are taken into consideration.
Speak to our friendly and knowledgeable team on the number above. Once they know the details of your case, they can calculate a much more accurate estimate of what you could look to receive as a payout.
To be eligible to make a hernia injury claim, you will need to prove that your injury was caused by a relevant third party breaching the duty of care they owed you.
There are various places where you are owed a duty of care. This includes:
- At work – under the Health and Safety At Work etc Act 1974, employers have a duty of care to ensure, as far as is reasonably practicable, that your health, safety and welfare are not at risk of harm whilst you are in the workplace. This extends to the risk of suffering a hernia injury at work.
- On the road – road users are expected to use the roads in a way that prevents causing harm to themselves and others. Additionally, they must adhere to the rules and regulations set out for them in the Highway Code and the Road Traffic Act 1988. This is their duty of care.
- In a public place – Those in control of a public space are known as an occupier. Per the Occupiers’ Liability Act 1957, they must take steps to ensure you are reasonably safe whilst on their premises.
Hernia compensation payouts will only be awarded if claimants can prove that their injury was caused by another party breaching the duty of care they owed them.
Additionally, it’s important that you submit your claim within the limitation period. As outlined in the Limitation Act 1980, you typically have three years from the date you were injured to bring forward your claim. However, in some cases, exceptions may apply.
To see whether you may have a valid personal injury claim, or to learn about the exceptions to the three-year limitation period, you can contact our advisors.
A hernia is when the wall of tissue and muscle tears or separates allowing organs or other body parts to protrude. Hernias can go unnoticed or they can be found as a swelling. For further information on hernia injuries, diagnosis and treatment, please refer to this NHS site for more information.
A hernia may occur when excessive stress is placed on this area, most typically from attempting to lift things that are too heavy. Some types of hernia are considered medical emergencies and if surgery is required it will involve several weeks of recuperation.
Whatever the scenario, it can be important to ask yourself the ‘but for’ question when deciding if your injury was the result of someone else’s negligence. But for the wet floor, the careless driver, the heavy object you were asked to move, would you have suffered this injury? If the answer is no, you might have a claim.
Two other organisations could help in your claim for compensation for hernia injury that a No Win No Fee lawyer could help you with. For example, the Motor Insurance Bureau can pay compensation to you if the motorist that caused your injury was uninsured.
If the injuries were the result of a crime against you, the CICA (Criminal Injuries Compensation Authority) can pay you damages also. Speak to our team today to discuss your options.
Hernias are not usually symptomatic but if complications occur they can become very painful. This will immediately affect your ability to work or function at anything like the normal standard. If pain is sudden and sharp, you are being sick, cannot use the toilet correctly these are all symptoms which will result in you needing to go to the hospital. If hernia corrective surgery is needed it may mean you are unable to work for a while, look after your general health, possible need home help all which could cost you money out your own pocket.
Solicitors are not a legal requirement but having one represent your case could mean that you are compensated correctly for all of the out of pocket expenses you incur and also the injury itself.
Special damages is an umbrella term that includes the costs of any financial impact to you. For example, you could claim:
- Missed earnings
- Travel expenses
- Out-of-pocket costs to carers
- Specialist operations and procedures
- Medications or modifications to your daily routine due to your stomach injury
These are all potential avenues for compensation for a hernia injury. Why not speak to an experienced No Win No Fee lawyer to discuss your case today. Get in touch with our advisors to find out more about how personal injury lawyers could help you.
So typically a hernia could be caused in some of the following scenarios:
- Tripping or slipping and landing badly
- Attempting to lift something too heavy
- Catching a heavy object or colliding with something heavy
- Being the victim of an assault
- As injuries sustained in a road traffic accident (RTA)
- Coming into contact with anything that could prompt violent vomiting or sickness
Talk to our team today to explore your options. Compensation for hernia injury could be a phone call away.
An independent medical assessment forms a crucial part of your claim for compensation for a hernia injury. The success of your case against a third party may hinge on a medical professional being able to confirm that your injury was a result of the accident, not the result of a long-standing or previous medical condition.
An abdominal examination can also provide you with details about any long term effects which could boost the value of your claim. When calculating potential settlement amounts for a hernia in the workplace, in public, or on the roads, your No Win No Fee lawyer will look at two types of damages:
- General damages – this aspect of compensation is intended to cover the pain, suffering and impact on your life the injuries had. As outlined by the Judicial College in their guidelines, a hernia that causes pain and restriction may be awarded between £13,970 to £22,680.
- Special damages – are intended to return you to the financial position you had before the accident, as well as take into account any future losses you might incur. Specific things that can be claimed include loss of earnings, travel expenses, medications, and the paid care of others. As mentioned, receipts, invoices, and proof of these costs to you are vital for establishing this part of your claim, so it’s very important to keep as detailed a record of these as you can.
The Judicial College Guidelines (JCG) are used by solicitors and lawyers to give a clearer picture of your potential compensation for general damages. The figures below, from the guidelines released in 2022, can give you an impression of what you could receive from a hernia injury.
It’s important to note that these figures are based on information from successful court cases in England and Wales. They should only be considered guidance as to what you could receive as every claim is different. There are many factors that can affect the amount you receive should your claim be successful.
|Bracket of Compensation
|Limitation on sport, physical activities and/or continuing pain that lasts after repair.
|£14,900 to £24,170
|Inguinal hernia that is direct that has some risk of recurring after repair.
|£7,010 to £9,110
|Indirect inguinal hernia that is uncomplicated.
|£3,390 to £7,230
|Penetrating injuries that cause some permanent damage.
|Scarring to Other Parts of the Body
|Several superficial scars or a single noticeable scar causing minor cosmetic deficit.
|£2,370 to £7,830
|The injured person will have mostly recovered. Any continuing effects will not be major.
|£8,180 to £23,150
|A potentially full recovery will be made within a year or two.
|£3,950 to £8,180
If you would like a compensation estimate for your injury, you can contact us for a free consultation at a time that suits you. In just one phone call, we can tell you if you’re able to claim, what you could receive and transfer you to a specialised solicitor from our panel who could work with you to build your case.
A No Win No Fee solicitor for your case means that if your case does not win, you won’t have to pay a penny to your solicitors. But with a successful outcome, the solicitor will seek a nominal ‘success fee’ which is capped by law and payable only after the compensation has been won. Leaving the bulk of the money for you to rebuild your life and health with. Other advantages are:
- No fees to pay up-front
- Nothing to pay while the claim is on-going
- Expert legal advice
- The peace of mind from knowing a knowledgeable personal injury solicitor is working in your best interests.
To find out more about No Win No Fee agreements, get in touch with our team.
If you’re ready to make a claim, or if you’d like more information on anything discussed here, why not get in touch today? You can:
- Call and speak 24/7 to our ‘live support’ team on 0800 408 7825
- Write to us by clicking here
- Or get in touch with us via our live chat app, bottom right.
Thank you for reading our guide to making a compensation claim for a hernia injury. We hope that you’ve found it useful and it has helped in your decision to seek damages for your injury. For further reading, please see below:
Click here to check out the NHS’s guide on hernia injuries
Click here to read The Highway Code