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Hernias are widely accepted as restricting mobility and known to cause ongoing pain, impairing the ability to work as normal and partake in usual activities.
A claim for hernia injury compensation can be pursued by any person who has sustained the injury as a result of the negligence of someone else. This could be an employer (for example, due to insufficient manual handling training), or any other third party negligence.
At Direct2Compensation our expert staff will be able to help you identify whether or not the cause of your hernia injury is something that you could seek to claim compensation for.
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What is a hernia and how is it caused?
Hernia injuries occur when internal tissues within the body push through a weakness in a muscle or surrounding tissue wall. They most commonly develop between the chest and hips. Although some people suffer no pain at all, for many a painful lump will develop, along with a noticeable weakness and moderate to severe pain when moving or sitting for long periods.
Although hernia injuries can develop as a result of ageing, childbirth or illness the most common cause of a hernia injury is as a result of a physical trauma in the workplace. In most cases the hernia is sustained from incorrect lifting techniques due to a lack of manual handling training from the employer. In such cases, the hernia injury is usually within the groin or abdomen area.
The most common hernia is known as an inguinal hernia. This happens when fatty tissue or part of the bowel pokes through into the groin at the top of the inner thigh. Inguinal hernias mainly affects men and can be associated with repeated strain on the abdomen.
Other types of abdominal hernia linked to physical stress include:
Another type of injury that is regularly at the heart of such compensation claims is a herniated disc or hernia of the spine. This condition is also known as a slipped disc injury and can lead to debilitating and severe sciatica, with extreme lower back and leg pain.
Medical therapies used to treat hernia injuries can include physiotherapy and other hands on treatments (osteopathy) but in more serious cases surgery can be required.
Who can claim hernia injury compensation?
The most common cause of a hernia injury is through repeated lifting within incorrect manual handling techniques at work. However, any person who sustains a hernia injury as the result of negligence by a third party can seek to make a claim. This could include medical negligence, slips or trips in public, or repetitive strain from an activity, for example.
Should you choose to make a claim for hernia injury compensation, our specialist solicitors will identify the correct defendant and address your claim to them. If you sustained your hernia injury as a result of activities at work the defendant will be your employer and their insurers. If the hernia was sustained elsewhere, the claim will be addressed to whichever defendant is responsible for the negligence that lead to your injury.
Hernias sustained at work
Any person who undertakes regular lifting or works in a demanding physical role is risking a hernia injury if they do not lift safely.
All employers face an obligation to ensure that their workers are provided with adequate training and guidance to ensure that they know how to lift safely and identify items of excessive weight that cannot be lifted manually. Employers are obliged to follow Manual Handling Operations Regulations 1992 and also the Management of Health and Safety at Work Regulations 1999.
Any employer who fails to follow the regulations and adequately train staff has failed to provide a workplace where the risk of hernia injury is minimised, and may face a claim if one occurs.
As with any workplace injury, the details of an injury should be reported to the employer and medical attention should be sought in order to obtain a diagnosis and treatment plan for the injury.
To give you the best chance of succeeding with your claim for hernia injury compensation, it is important to make sure that the details of your hernia injury are recorded within an accident book at your employer, or whoever else may be responsible, and that medical attention has been sought regarding the injury. Don’t worry if you haven’t done so already, we can help.
Compensation amounts for hernias
As with all claims for compensation, the value of a hernia settlement will vary depending on the severity of the injury, the length of time that the symptoms have been present, and how it has affected your day-to-day living.
The value will increase if the injury is a double hernia, or if the injury forced you to resign from work or left you unable to work, and if you will require ongoing treatment.
For hernias which result in continuing pain and/or limitation on work or physical activities, compensation amounts range between £11,000 and £20,000.
In a slightly lower bracket, where there is some risk of recurrence of the hernia, amounts fall between around £5,000 and £8,000.
For uncomplicated hernias that recover without further issue, settlement values are between £2,500 and £6,000.
The following figures are from the Judicial College guide to how much compensation you might expect for a hernia injury, your final settlement could be a lot more when other costs are taken into account.
|Severity of injury||Compensation amount|
|Continuing pain and/or limitation on physical activities, sport or employment||£11,300 - £20,210|
|Direct inguinal hernia, with some risk of recurrence||£5,325 - £7,620|
|Uncomplicated indirect inguinal hernia, possibly repaired, with no other associated injury||£2,575 - £6,050|
At Direct2Compensation our expert solicitors will ensure that the value appropriated to your claim is maximised. The figures above are for the injury itself, but we’ll also ensure that you can recover any lost income and costs incurred as a result of your hernia by way of the special damages element of your claim.
How to start your hernia claim today
In just a few minutes on the telephone with you, we’ll obtain the initial information needed for our solicitors to commence a claim. We offer a guaranteed No Win No Fee claims service that will enable you to pursue your claim for hernia injury compensation without having to pay anything should your claim fail.