Hernia Injury Compensation Claims & Settlement Values

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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.

Table of contents

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:

  • Umbilical
  • Femoral
  • Hiatus
  • Epigastric
  • Spigelian

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 injuryCompensation 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

To find out more about your compensation rights or to start your hernia injury claim today, call us on 01225 430285 or if you prefer, we can call you back.

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.

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Questions & Answers


  1. Eliasz

    I have been working for almost 3 years in my job and I have now got a hernia from the lifting. I want to know what I can do?

    Reply
    • Ian Morris

      As your hernia appears to have been caused through your work, there is certainly a potential to pursue a claim for compensation. On the assumption that your job involves the lifting and moving of items, we need to consider whether your employer has provided the appropriate manual handling training and equipment to move items of weight around the workplace. If the employer hasn’t provided the appropriate manual handling training or if the working environment makes it impossible to lift and move items safely, we can establish employer negligence and pursue a claim for you.

      Reply
  2. Matt

    Can I claim for a hernia from my work place as the work I am doing on my own as caused this hernia?

    Reply
    • Ian Morris

      If you believe that your employer has been negligent and that the hernia you are now suffering with could have been avoided if the employer had taken appropriate action, you can pursue a claim for compensation.

      If your work involves lifting and moving of items or is particularly physical, the employer needs to have provided appropriate and regular manual handling training and the appropriate equipment and tools to enable you to work safely. If your employer hasn’t taken these appropriate steps, they have been negligent.

      Please call us on 01225430285 so that we can discuss your situation, your work and the injury you now have. We can then advise you as to any potential claim for compensation.

      Reply
  3. Karen Butcher

    I suffered a strangulated hernia while at work dealing with a client in a wheel chair . The wheelchair didn’t have foot plates and seemed too small for the client and the room to get him into was narrow, not allowing full manoeuvring of the wheel chair without the need to jump it around. A risk assessment was apparently made on the client but it is inadequate. Carers are boxed in and not enough movement given. I’ve been off work since November 18 recovering. I wish to make a claim for loss of earnings against my employer.

    Reply
    • Ian Morris

      Please call us on 01225430285 so that we can help you pursue your claim for the pain and discomfort caused by your injury, and also recover any loss of wages or costs you have incurred.

      The scenario you describe would indicate that there is a valid claim as the employer may not have done all that they should to minimise the risk of injury, which is employer negligence. Our staff look forward to helping you.

      Reply
  4. Nicole

    My husband works in an engineering company he has to deliver metal components to have a companies but the way they pack the product and he’s having to lift it over 25 kg sometimes, has now caused him to have a hernia and has now got to have an operation, is he entitled to compensation?

    Reply
    • Ian Morris

      If the employer is regularly expecting him to lift items exceeding 25kgs and they have not provided adequate training or equipment to move the items safely, they have been negligent and a claim for personal injury compensation could follow.

      We suggest that your Husband phones our team on 01225430285 so that we can discuss his situation and his work in order to advise further regarding his potential claim.

      Reply
  5. Pedro

    Accident occurred on a job 26 yrs ago. I went to a doctor told me had a hernia, ventral hernia. Went to work told supervisor, I was terminated, still have doctor’s paper work. Every job I’ve had have trouble with hernia, grown larger, interferes with activities, hurting all the time. And in my fifties what can I do? I had there lifting sacks of cement powered up to eighty pounds or more.

    Reply
    • Ian Morris

      UK personal injury law prescribes a very strict 3 year claim limitation period in which any claim for personal injury compensation must be made. Once that 3 year period has passed, there is nothing you can do and no claim can be started.

      Reply
  6. Antony

    Hi I am a fireman and had a hiatus hernia operation carried out 12 months ago and made a full recovery. I recently injured myself carrying out a heavy lifting procedure in work in an awkward position. I was told to do this by a manager and he watched me do it. The strain injury was to the hiatus hernia I had repaired 12 months ago. I am now off work with all the symptoms back of hiatus hernia The investigation is ongoing as I write but I need some outside advice. Thanks.

    Reply
    • Ian Morris

      You could seek to make a claim for compensation for the injury sustained if the employer has been negligent towards your health and safety at work. In your case, your employer must ensure that you have received adequate manual handling training and that you are not made to lift incorrectly. Also, the employer should take in to account your level of fitness and consider any pre-existing injuries or noted issues that may impact on your ability to lift safely.

      Of course, in the role you fulfil, there are risks to safety that cannot be totally avoided, but the standard obligations for the Fire Service to adhere to the requirements of the Health & Safety at work act remain in place.

      Reply
  7. Geoffrey Davison

    Hi Ian, I was at work on a renovation project and I had an Inguinal Hernia but was still ok to work.As I was carrying out a particular operation it involved me stretching slightly. I was immediately in intense pain and ceased work as I didn’t know what exactly was wrong I rang my G.P. who said I should attend the surgery asap. I could not locate the Site Manager and a workmate said he would inform him that I had to leave immediately.I was examined by my G.P. who said that the Hernia had become strangulated and I must to go to hospital straight away.She gave me a letter and rang the hospital to say I was on my way. My wife drove me to the hospital and when I was seen by the consultant he said the Hernia had “popped out”. He then pushed it back in and I then had to wait to see if it stayed in.Luckily it did and I was able to return to work the following day on light duties whilst awaiting corrective surgery.This was carried out approx. 6 weeks later and I am at present off work for post operative recovery. I am in a position to return to work albeit on light duties for approx. 3 more weeks but my employer has none for me at present. I am only in receipt of SPP. and when I asked if the original incident was in the accident book was told no. To further complicate matters the Site Manager at the time has since left the company. Can I reclaim anything re loss of wages etc?

    Reply
    • Ian Morris

      Clearly, the incident you describe is an exacerbation of a pre-existing condition rather than a new injury.

      The worsening of a pre-existing health condition or injury as a result of working practices is something that can lead to a successful claim for personal injury compensation if certain criteria can be met. In order to make sure that they have done all they can to give you a safe environment, your employer must provide training with regards to lifting and moving of items and ensure that all staff are properly trained to use any machinery that they are tasked to use and provided with the required tools and equipment to perform their duties safely.

      In your case, you need to consider what work you do, what training you have been given or not given and whether or not your injury and the exacerbation of the injury can be linked directly to any negligence on behalf of your employer. If so, you could then seek to claim compensation for the injuries sustained and any subsequent loss of income or expense. I would be very happy to discuss your working environment, conditions, training and injuries with you as this may well enable me to find an avenue that we could pursue to seek damages and lost income for you.

      With regards to the lack of an accident book entry, you should write to your employer – either by email or recorded delivery – to the HR department to advise them of the lack of a report of the initial incident where you had to leave work and seek medical attention. You should cite what happened, how you verbally reported things and were told that it would be reported.

      Reply
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