A weakness or tear in the abdominal muscle wall is called a hernia injury. The most common symptom of a hernia injury is a dull ache and feeling of weakness in the area of the abdomen or groin. Sometimes this sensation is accompanied by a soft bulge in the area. This is caused by the intestine protruding through the weakened or torn muscle.
Not only does a hernia injury result in ongoing pain but it can also restrict a person’s ability to move around freely. If your hernia injury was because of another person’s negligence or mistake, then you may be entitled to file a hernia claim for compensation.
Hernia Injury Compensation – Can You Claim?
You should know that you won’t be able to file a hernia claim for compensation if your injury resulted from something that you yourself did or failed to do. For example if your symptoms developed after you lifted heavy furniture around your home, you wouldn’t be compensated.
However, you can file a hernia compensation claim in situations such as where your injury has resulted from:
- Medical negligence.
- Not being given the proper training or guidelines in the workplace.
- A manual handling accident.
What Our Solicitors Take Into Account When Calculating Hernia Compensation
Besides the pain and suffering of the injury itself, a hernia injury can also affect you in many other ways. To ensure that you are properly compensated for your injuries, our personal injury solicitors take into account several different factors while calculating compensation for a hernia injury that should be awarded to you.
Some of the factors that are typically taken into consideration when calculating compensation for a hernia injury may include:
- Pain and suffering.
- The severity of the injury.
- All short and long term medical expenses related to the accident including doctor’s fees, diagnostic tests, medication, surgery and physiotherapy if necessary.
- Travel expenses to the hospital and back.
- Loss of income for the days that you had to stay home from work.
- Compensation for not being able to indulge in your regular leisurely pursuits.
Types Of Hernia Injuries And Treatments
The type and severity of your hernia injury will also play a major role in determining the amount of compensation to be awarded.
One of the most common causes of hernia injuries is not handling heavy objects correctly in the workplace. This could be because employees are not given proper guidelines or they are not provided with the proper equipment to do the job.
Inguinal hernia, in which part of the intestine or fatty tissue protrudes out into the groin, is one of the more common hernia injuries that occur in the workplace due to physical stress. Others types of hernia injuries include hernia of the spine, incisional hernias and spinal or slipped disc.
While some types of hernia injuries can be treated non-surgically, some require invasive treatment that involves clearing the obstruction in the bowel. This itself can pose a risk in terms of negligent hernia surgery.
If the surgery you underwent made your existing hernia injury worse, you may be entitled to file a claim provided that you can prove that the symptoms became more severe after the surgery.
Requirements For Filing A Hernia Compensation Claim
You can file a hernia compensation claim if you sustained a hernia injury in the workplace or if a surgical procedure that you underwent made an existing hernia condition worse.
Filing a workplace injury claim –
To file a claim for hernia injury in the workplace, you must have enough evidence to prove that a particular work related activity was the cause of your injury and that your employer failed to provide you with the proper guidelines or the appropriate equipment to carry out the job safely. You must also submit a detailed medical report signed by a qualified doctor.
We can arrange for a medical examination in your local area.
Filing a clinical negligence claim –
To file a claim for a surgical hernia that resulted from an invasive procedure, you must prove that it was caused due to the negligence on part of the doctors or other hospital staff.
When evaluating the merits of the case, our solicitors will first try and determine whether the injury was absolutely unavoidable or whether it re-occurred because the repair surgery did not properly address the issue.
Workplace employers as well as medical staff have a duty of care towards their employees and patients. If you suffered an injury while you were at work or under the care of a medical professional, they are liable should you come to any harm.
How Much Compensation Can You Claim For A Hernia Injury?
The compensation that is awarded for a hernia injury can vary considerably depending on the severity and duration of the symptoms, whether you were forced to quit your job prematurely and whether you require long term treatment, and probably other factors you might not have considered. However, in the section below you’ll be able to see what the Judicial College currently advises for hernia compensation payouts.
Calculating Hernia Compensation Payout Amounts
- £13,970 to £22,680 compensation for a hernia injury with continuing pain and/or employment, physical/sports activities are limited after repair.
- £6,580 to £8,550 compensation for direct inguinal hernia where after repair there may be a risk of recurrence.
- £3,180 to £6,790 compensation for an uncomplicated indirect inguinal hernia and no other associated abdominal damage.
You can also use the compensation calculator below for other settlement amounts that may relate to your hernia compensation claim.
As every claim is unique and compensation will vary from case to case, we would suggest speaking with our hernia injury claims solicitor (at no charge) and discuss what has happened. This way they will be able to factor in every detail and come to a realistic figure.
Do You Really Need A Personal Injury Solicitor?
Winning a hernia injury compensation case is not easy for those not specialising in personal injury law. In most cases, the case would have been filed against a company or a medical establishment. Both of these entities will almost certainly have corporate lawyers to represent them. Unless you are familiar with the law and legal formalities, you will always be at a disadvantage.
Our personal injury solicitors on the other hand have vast experience with filing hernia compensation claims as well as with handling defense solicitors and insurance companies. We also have access to medical experts who can testify in court (it usually doesn’t get that far) as to the cause and nature of your injuries.
Best of all, you do not have to pay any upfront fees for our expert legal advice. If you’ve got a strong hernia compensation claim, our reputed personal injury solicitors will work for you on a No Win No Fee basis which is explained here, which only requires you to pay an agreed percentage of the award AFTER we have won the case for you. Before that time you do not pay any type of fees at all, and be secure in the knowledge that we have no hidden charges.
Updated 20th August 2021.