A hernia is caused by a tear to the stomach muscles allowing part of the intestine or stomach to bulge through the hole forming a painful lump under the skin. This most commonly occurs in the groin and is known as an inguinal hernia, however they can occur anywhere on the gut.

Hernias are repaired either laparoscopically or by open surgery and it will depend upon the severity of the condition as to which method is used.

There are however other types of hernia, namely femoral, umbilical and hiatus where the stomach pushes through the diaphragm separating the chest from the abdomen.

Types of Hernia Compensation Claim

Accident at Work Claim
Where an accident victim sustains a hernia whilst in the course of his/her employment it is possible to make a claim for compensation if it can be shown that the employee had been required to do some duties that required him/her to overstretch or extend themselves so as to cause this type of injury. This is common in warehouses and factories.
Slip, Trip and Fall Claim
Often when an accident victim slips or falls unexpectedly increased strain is put on their groin and lower stomach. This can often result in the formation of a hernia.
Manual Handing Claim
When an employee is asked to lift or carry items in excess of 25 kilograms in weight and a hernia injury develops then it is possible to conclude that the employer’s breach of the Manual Handling Regulations has caused the victim to sustain a hernia. It is up to the victim to prove that the item was in excess of the acceptable weight. If this is achieved then there is every chance that an award for compensation will be made.

Damages Awards

Compensation awards will vary according to the severity of the hernia and the recovery that has been made. Broadly speaking damages are categorised as follows:

i) Where there is continuing pain and/or limitation on physical activities such as sport and/or employment activities after the repair then awards will be in excess of £10,000.

ii) Where a hernia has been caused by a one off event not limited to any pre-existing weaknesses and there is some risk of reoccurrence after repair, compensation awards will be in the region of £5,000.

iii) An uncomplicated and fully healed hernia will see damages awarded somewhere in the region of £2,500.

Each individual victim will differ and as such it is important that a full diagnosis is made and that compensation is awarded that is commensurate with the injuries sustained.

If you or somebody you know has suffered a hernia injury that was caused by somebody else then please complete the Claim Assessment Form. Our claims solicitors will then contact you in order to confirm whether or not you have grounds for making an accident compensation claim.

Please note that all of our claims solicitors act on a strictly no win no fee basis and that you or the victim will receive 100% of any damages that are awarded.

Please select from the drop-down list for a free assessment by
a specialist injury solicitor.