How Much Compensation For An Accident Causing A Hernia Injury?
Updated by Max Harris on 22nd February 2022. If you have experienced an accident that resulted in a hernia, you may be able to claim compensation. To do so, you would need to prove that third-party negligence caused your injury.
Hernia surgery is invasive, painful and will often lead to a substantial period of time where you are unable to work. This guide will explain how you could claim for a work-related injury or injuries caused by other types of accidents. We will also illustrate the various aspects of your injury that can determine the amount of compensation you could receive.
If you prefer to speak to a member of our team, you can do so with no obligation to proceed. Our advisors offer free legal advice and can answer any questions or queries about making a personal injury claim. You can call them on 0800 073 8804 or contact us through our website. Additionally, you can send us your query using the chat window on our website.
Please read on to learn the fundamental aspects of making hernia injury claims.
Select a section:
- What is a hernia injury?
- What to do if you are involved in an accident causing a hernia injury
- How to begin a hernia injury claim
- Hernia injury at work claims
- Hernia injury claims for slips, trips and falls
- Hernia injury in a public place claims
- I got a hernia injury at work – Can I sue?
- I have a hernia caused by a car accident – Can I claim compensation?
- My child developed a hernia after falling in school – Can we claim compensation?
- What can be claimed for after an accident that caused a hernia injury?
- The most common types of hernia injury
- Assessing the severity of a hernia injury
- How are Hernia Injuries treated?
- How much compensation will I receive from my hernia injury claim?
- No-Win No-Fee hernia accident claims
- Why choose us as your claims service for a hernia injury?
- Call now for free advice and to start a claim
Hernias are common injuries, usually diagnosed by an unsightly bulge in the abdomen, thigh or groin. They are typically caused by an internal organ forcing its way through an interior wall of muscle or tissue. Surgery may be required to have the organs pushed back in place.
If you have developed a hernia in a work-related injury, or an incident in a public place, for instance, you may be entitled to compensation. Hernia compensation amounts can vary depending on any long-term effects. This guide will talk you through how to make a claim.
If you’ve suffered a hernia injury from an accident caused by third-party negligence, you could potentially receive compensation. Evidence is crucial to making a successful claim, as the onus is on you, the claimant, to prove that negligence was a contributory factor.
However, it can be difficult to know what to do if you are involved in an accident causing a hernia injury. Evidence that could be used to support hernia injury claims includes:
- CCTV footage or photographs of the injury or accident scene
- Medical scans
- List of treatments
- Medical reports
- Witness statements
Furthermore, you should make the third party aware of the incident and injury as soon as possible. For example, your employer should know that the accident has occurred, so they have a record of the incident.
You should also have a medical professional review your injuries to determine the extent of them. This can be used as evidence in your case and will also confirm the best course of action to recover from the injury.
As in any similar situation, the first thing you’ll need to do if seeking a settlement for hernia surgery is to ensure that your condition is documented by a medical professional.
Make an appointment with your doctor as soon as you notice the symptoms of a hernia such as pain and unfamiliar bulges on your body, and if at all possible, seek a second opinion as confirmation.
Take the advice of your doctor regarding how to proceed in terms of physical activity, as ignoring and aggravating a hernia can lead to further complications. You will also be asked to prove that your injury was not caused by any action or inaction of your own or any pre-existing health concern.
Once you have consulted the necessary healthcare professionals, call us on 0800 073 8804 to discuss your case. Compensation for hernia surgery is one of the many subjects that we specialise in, and we will embark on a fact-finding mission as to how we can assist in your settlement.
The earlier you do this, the more time our specialised solicitors have with your case. This could be an important factor in successfully receiving compensation.
Any business has a duty of care to their employees to ensure that they can use the work environment, facilities and equipment safely and securely without risking injury. This involves the employer providing necessary training, introducing safety procedures and sufficient protective equipment, if needed.
You can claim for an accident at work injury if you’re able to prove that your employer’s negligence caused your injury. To learn more about this, please contact us using the above contact details at a time that suits you.
The foundation for making successful hernia injury claims revolves around proving that third-party negligence caused your injury. Therefore, you would only be able to claim in instances where a third party was liable for your injury and had a duty of care towards you.
This is because you would only be able to claim if your injury was caused by the third-party breaching their duty of care. For example, every person or party in control of a public space in Great Britain (referred to in legislation as the “occupier”) has a duty of care as detailed in The Occupiers’ Liability Act 1957.
You may have slipped on a wet surface that has no warning sign or tripped down stairs due to a faulty handrail.
If you develop a hernia as a result of this negligence you may have a case for filing a personal injury claim.
You may be able to claim compensation if your injury was caused by the negligence of the occupier of a public space. You would need to have sufficient evidence to prove that negligence was the primary cause of the injury. Examples of incidents you may be able to claim for include:
- Tripping over an exposed wire
- Tripping over a paving slab if it’s deemed to sufficiently create a tripping hazard.
- Slipping on carpet due to it being poorly fitted.
You may be able to claim if you can prove that your employer’s negligence caused your injury. In Great Britain, every employer has a duty of care as detailed in The Health and Safety at Work etc. Act 1974.
Just remember that the burden of proof that your injury arose in the workplace will fall on you, especially if hernias are considered to be an ‘occupational hazard’ in your line of work.
This is why it is hugely important that you document the events that surround the injury, notify your employers immediately. Other important things you can do include:
- confirming that the incident is recorded in an accident book
- seeking immediate professional diagnosis
- ensuring that you can prove you took any necessary steps to protect yourself.
You could also potentially claim if you sustained an injury in a road traffic accident. In the UK, every road user has a duty of care, as detailed in The Highway Code. As of 29 January 2022, there have been recent changes to the Code that could affect your ability to claim. This is because you can only claim if you can prove that another road user’s breach of duty of care caused the injury; these changes to the Code affect the duty of care that road users owe one another.
You will be eligible to file against the other driver in the same way that you would for any other major or minor injury caused by careless driving. However, please bear in mind that, should your injury be deemed to be worth less than £5,000, you would need to claim through another method.
In this instance, you would need to claim through the Whiplash Reform Programme. If you’re unsure of what your injury might be worth, you can contact our team of specialist advisors at a time that works for you. They can provide you with a compensation estimate and confirm if you’re able to claim.
Just like a workplace, a school can be sued if they fail in their duty of care to keep your child safe. The rules that apply are very similar to taking legal action against a business.
You should ensure the school is aware of the incident and has logged your child’s injury in an accident book. General childhood falls such as tripping while running and playing will more than likely not result in a compensation payout.
However, negligence on behalf of the school, such as trip hazards or injuries caused by unsafe equipment, that result in your child being injured could potentially lead to compensation.
There are five core areas that anybody involved in an accident that results in a hernia may wish to claim for.
- General Damages –
Hernias can be extremely painful, and cause huge amounts of emotional distress and physical discomfort. A claim for general damages will encompass any change to your lifestyle caused by the accident from the aforementioned pain and emotional trauma. Other aspects that could determine the compensation for a hernia injury include long-term side effects of the injury and any negative psychological impact caused by it.
- Care Claim –
It is not just the injured party that suffers in the aftermath of a hernia. A spouse or partner may need to take time off work to assist the individual who may struggle to perform basic tasks. This includes dressing and generic household tasks, in the immediate aftermath of surgery. The spouse or partner in question is entitled to seek reimbursement for any lost earnings during this enforced absence from work.
- Loss of Earnings –
It stands to reason that you will not be able to work following hernia surgery, and if you have a physical job the time spent in recovery may be longer. These lost earnings, whether they be in the present or projected in the future, can be reclaimed as part of your case.
- Travel Expenses –
Following any kind of surgery, you will need to have a number of follow-up appointments with doctors and hospital specialists. It will be essential that you attend these appointments as medical records must be updated at all times. You may end up having to pay travel expenses or fuel costs to attend these appointments. Always get receipts so that you can seek these expenses back.
- Medical Expenses –
You may incur a great deal of medical expenses during your recovery from hernia surgery. Potential costs include bandages and dressings, hernia belts and private physiotherapy. Retain records and receipts for all of these expenses, as you may be entitled to reimbursement as part of your claim.
Hernias come in many forms. The most common diagnoses are:
- Inguinal Hernias, which occur in the groin as a result of fatty tissue or a part of your bowel pushing through your muscle tissue. Inguinal hernia settlements from worker’s compensation claims can happen, as straining the abdomen by lifting and carrying often causes this injury. These primarily occur in men.
- Femoral Hernias, which have similar symptoms and effects to Inguinal Hernias. However, these are more often diagnosed in women.
- Umbilical Hernias often occur in babies when the umbilical cord does not allow the tissue around the abdomen to close; these hernias result in part of the bowel pushing through the navel. In some rare cases, however, abdominal strain can cause an Umbilical Hernia in adults.
- Incisional Hernias can be a consequence of surgery such as an appendectomy or caesarean section. Incisional Hernias could lead to a strangled bowel and should be treated very seriously.
- Muscle Hernias, which can see an abdominal, back or leg muscle pushing through the skin and causing a bulge. These hernias are very common in sportspeople.
Hernia compensation amounts depend on the impact that your hernia may have had on you and your quality of life compared to before the injury, so it is very important that the severity of your hernia is investigated.
The severity of a hernia is usually determined by an ultrasound scan, which your doctor or consultant will use to decide how to proceed. In most cases, this will result in surgery, unless the risks of undergoing such a procedure outweigh those caused by the injury itself.
Hernias are almost always treated surgically, but this could be a minor keyhole procedure or a more substantial process, depending on the severity of the injury.
If keyhole surgery is appropriate, this will be the preference of most surgeons. Several very small lacerations will be made surrounding the area and the problem organ will be pushed back into place.
If necessary, a surgical mesh akin to chicken wire will be placed inside the body to hold the organs into place. These may be temporary, meaning they will dissolve as the repairing cells absorb them, or permanent, which ensures they will stay in position.
Keyhole surgery for a hernia usually enables the patient to return home the same day and make a full recovery in around three weeks, though it can be painful and hernia mesh compensation claims are filed on occasion.
If your hernia requires open surgery, this is usually a sign that the injury is more complex – this could be a result of the hernia going unattended for too long and aggravating. These procedures typically take longer to recover from – often as long as six weeks at a minimum.
You may be wondering, “how much compensation can I get for a hernia?” The hernia compensation payout that you may be entitled to depends on the severity of your hernia injury, and the impact that it may have had on you.
The Judicial College can provide you with a better idea of what you could receive for general damages. They analyse previous payouts, building the compensation brackets you can see below.
|Type of Injury||Severity||Amount||Notes|
|General Psychological Damage||Severe||£45,840 to £96,800||If your hernia injury causes severe psychological damage, including an inability to function successfully in life and work and an effect on your relationship with family and friends, you may be entitled to a top-level pay-out. This is rare in cases of hernia injury, however.|
|Moderately Severe||£15,950 to £45,840||These payments largely revolve around an inability to return to previous employment as a result of stress caused by the hernia injury.|
|Moderate||£4,900 to £15,950||Life-altering stress has been caused by the hernia injury, but a full recovery has taken place or is looking likely.|
|Less Severe||£1,290 to £4,900||You may still be experiencing some non-specific signs of mild stress from the hernia injury, such as a fear or inability to perform certain basic tasks.|
|Reproductive System – Male||Impotence and/or sterility||Up to £117,700||In some very rare cases, due to the close proximity of the reproductive organs to an area of operation, issues of this nature could follow hernia surgery. The level of payment will depend on a number of factors, including age and the psychological impact.|
|Reproductive System – Female||Infertility||Up to £141,630||Again, this is highly unlikely but it can happen. As above, the payment will rely on a number of factors that surround the individual’s circumstances.|
|Chronic Pain||Severe||£35,200 to £52,660||If your find yourself in constant, searing pain that impacts on your ability to work and function daily, you may be eligible for this payment bracket.|
|Moderate||£17,600 to £32,180||A recovery may be possible eventually, but you will have experienced significant pain and discomfort in the meantime.|
|Scarring||£6,550 to £19,000||Very noticeable and unsightly scars somewhere on the body, including internal scarification.|
|£7,230||Inevitable scarring caused by an operation that would not have been required where it not for the accident that caused the hernia.|
|£1,980 to £6,550||A single or several superficial scars, caused by the injury itself or necessary surgery that followed.|
|General Minor Injuries||£1,160 to £2,050||If you experienced other injuries alongside your hernia that took three months or more to heal, you may claim for a higher payment.|
|£580 to £1,160||Injuries that caused an impact on your life and wellbeing for up to a month.|
|A few hundred pounds to £580||Very minor injuries that take just a week to heal.|
|Specialist Hernia Payments||£12,430 to £20,210||This payment applies to somebody that continues to endure pain and physical limitations, with no sign of the situation improving.|
|£5,860 to £7,620||This level applies to somebody that developed a hernia through another surgical or medical procedure, with the risk of return in the future.|
|£2,830 to £6,050||This is the typical payment for somebody that experienced a hernia as a result of an accident and has made a full recovery.|
Just to stress, however, this is very much a guideline – we will need to discuss your hernia injury with you in greater detail to give you a stronger idea of just how much you may expect to claim on a hernia compensation payout.
As the name No Win No Fee suggests, if your claim is not successful following our fact-finding work and bringing the case before an adjudicator, you will not pay a penny in legal fees – there are no hidden charges.
If your claim is successful, our legal fees will simply be taken from your financial award.
Our record of success speaks for itself, and we will not waste your time with any hernia injury claim that we do not feel will result in a financial award. With many years of experience, we are ready to help you receive the compensation that you deserve.
Our friendly and professional team is on stand-by and are waiting to hear from you. Just call 0800 073 8804 and start your hernia injury claim today.
The NHS website lists the different kinds of hernias that you may face, and the impact of any such injuries.
The Government’s official Health and Safety website offers a case study of a workplace injury hernia, and the steps that were taken to compensate the individual that suffered the injury.
Have you had a hernia injury due to an accident at work? find out if you can claim compensation by contacting our team today for free advice.
Have you had a hernia injury due to a manual handling accident at work? get free legal advice today on your hernia injury.