By Jo Anderson. Last Updated 28th November 2023. If you have suffered a hernia injury while at work, you may be wondering whether you could be eligible to receive compensation. Within this guide, we will set out the criteria that must be met to be able to make a personal injury claim.
Additionally, we will discuss how compensation is calculated for successful claims and share some examples of potential hernia settlement amounts. We will also explore how you could support your case by gathering evidence and providing you with examples. Lastly, we will take a look at how one of our No Win No Fee solicitors could assist you.
If you have any questions regarding hernia compensation payouts, or would like to discuss your specific case with someone, you can contact our advisory team. They can be contacted via the following methods:
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- Compensation Payouts For A Hernia Injury At Work
- What Is A Hernia Injury And Can I Claim Compensation?
- How Do I Prove A Hernia Injury Compensation Claim?
- Make A No Win No Fee Hernia Injury Compensation Claim
- Useful Links On Hernia Compensation Claims
Hernia compensation settlements can include up to two heads, which are general damages and special damages. General damages cover the pain and suffering your hernia causes.
Compensation for this head is evaluated individually, based on each case and its unique circumstances. Solicitors also get help from the Judicial College Guidelines (JCG) when calculating general damages. The JCG offers guideline compensation amounts for hernias and other injuries, which you can see illustrated below.
|Injury Type||Compensation Band||Notes|
|Multiple severe injuries plus special damages||Up to £100,000+||Compensation for multiple injuries that are severe as well as special damages such as financial losses.|
|Severe Chronic Pain (a)||£42,130 to £62,990||Ongoing symptoms despite treatment, with an impact on the ability to work.|
|Moderate Chronic Pain (b)||£21,070 to £38,490||Ongoing symptoms with some chance of recovery.|
|Loss Of Spleen (a)||£20,800 to £26,290||Continuing risk of internal infection due to loss of spleen and impact on the immune system.|
|Loss Of Spleen (b)||£4,350 to £8,640||Loss of spleen with no risk to immune system.|
|Bowel injury||£12,590 to £24,480||Some permanent damage but return of bowel control|
|Hernia (a)||£14,900 to £24,170||Continuing pain, with limitation of movement even after repair.|
|Hernia (b)||£7,010 to £9,110||Direct inguinal hernia with some risk of recurrence following repair|
|Hernia (c)||£3,390 to £7,230||Uncomplicated indirect inguinal hernia, possible repaired.|
Special damages are the second head of your hernia at work compensation claim. This heading allows you to claim back the financial losses that your hernia causes. For example, this might include:
- Lost earnings
- Mobility aids
- Travel costs
- Medical bills
However, in order to claim under this heading, you may need to provide evidence of your losses, so it can be beneficial to consider this when gathering evidence to support your claim.
To learn more about hernia compensation amounts, contact our team of helpful advisors today.
What Factors Can Influence Hernia Settlement Amounts?
When calculating hernia settlement amounts, the type of claim and the severity of the hernia injury could impact your general damages payout. Other factors that could impact hernia settlement amounts could include:
- The level of pain and suffering the claimant experienced. Medical evidence could help to determine this.
- The loss of amenity a claimant suffers. This could include the loss of enjoyment of your usual sporting activities or social life, for example.
- Any financial impact of your injury. This could include loss of income, travel costs and medical expenses, for example. You would need evidence that the costs and losses were caused by your hernia injury. Bank statements, bills and payslips could help with this.
If you would like to speak to us about hernia settlement amounts in more detail, we’re here to help. You can call us for free legal advice on claiming for a hernia injury and what you could include.
The NHS states that a hernia injury occurs when an internal part of the body pushes through a weakness in the muscle or surrounding tissue wall. It usually develops between the hips and chest.
To be eligible to make a personal injury claim for a hernia, you would need to demonstrate that it was caused by a relevant third party breaching their duty of care.
For example, if you suffer a hernia at work, you would need to prove that it was caused by your employer breaching their duty of care. Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. It states that they need to take reasonably practicable steps to ensure your health and safety while you are working.
Some examples of how you could suffer a hernia injury at work include:
- Your employer making you lift a load that is too heavy for you, causing you to strain.
- You didn’t receive sufficient manual handling training, causing you to lift with bad technique.
- Your employer fails to give you enough space to work in, so you were forced into strenuous positions.
If you can prove that your injury was caused by your employer breaching their duty of care, you may be able to make an accident at work compensation claim.
For more information about when you could be eligible to make a personal injury claim for a hernia and the compensation payouts that could be awarded for successful cases, contact our advisors.
Is There A Time Limit For Claiming A Hernia Compensation Payout?
If you are eligible to make a hernia injury compensation claim, you must bring forward proceedings within the time limit. This is usually three years from the date of the incident as set by the Limitation Act 1980.
However, there are exceptions to the limitation period in certain circumstances. These include:
- Those who lack the mental capacity to begin their own claim. In these cases, a suspension is applied to the time limit lasting for as long as the injured party lacks this capacity. However, during this time, a court-appointed litigation friend can start the process for them. Should the injured party regain this mental capacity and a claim was not made on their behalf, they will have three years from the date they regained their capacity to begin the process.
- Those under the age of 18. In these cases, the time limit is paused until the injured party’s 18th birthday. Before they turn 18, a litigation friend can start proceedings for them. However, if the injured party turns 18 without a claim having been made for them, they will have three years from the date of their 18th birthday to start the process.
If you would like to discuss the limitation period when making a hernia claim, please get in touch with one of the advisors from our team.
If you are eligible to make a hernia compensation claim, you will need evidence to support your case.
The evidence you will be able to gather will depend on the type and circumstances of the accident. For example, if you’re in too much pain at the time, you may be unable to take photographs of the cause of the injury.
The below types of evidence could certainly be useful, however.
- Medical evidence – Any record of you seeking medical advice/treatment for your injury would be recorded in your medical notes. Relevant medical notes, including copies of scans and other tests relating to your hernia injury, could help support your claim.
- Evidence of the accident – If your hernia has been caused by an accident at work, there may be an accident book that it is recorded in. If so, you can request a copy. If you were injured in a road traffic accident, there might be a police report that you can get a copy of too. Other evidence could include CCTV footage and photographs of your injuries or the scene of the accident.
- Witness details – Taking down the contact details of anyone who saw the incident could be helpful. Your solicitor could approach any witnesses for a statement to support your claim.
- Financial documentation – If you have incurred costs or losses due to your injury, bank statements, bills, receipts and payslips could be useful in supporting a claim for special damages.
To learn more about evidence and how it could help you secure hernia compensation payouts in the UK, please contact an advisor for free today.
If you are eligible to claim compensation for a hernia injury, you could get help from a solicitor. Having a solicitor experienced in helping clients claim hernia injury compensation payouts can be beneficial, as they could help you gather relevant evidence for your claim, and they could even negotiate for compensation with the liable party on your behalf.
One of our No Win No Fee solicitors may offer to take on your case under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee contract, which means you would not have to pay the solicitor upfront for their work or throughout the progression of your claim. Additionally, you would not have to pay them for their legal services if the claim fails.
Instead, your solicitor would deduct a small, legally capped percentage of your compensation as a success fee if your claim is a success.
To learn more about hernia injury compensation amounts, and how a No Win No Fee claim works, please contact an advisor. They can be contacted via the following methods:
Below, you can find more useful information on claiming compensation for a hernia injury:
- NHS guide to hernia injuries
- The British Hernia Society
- Gym Accident Claims Guide
- Will I Get Paid If I Am Injured At Work?
Thanks for reading our guide to hernia injury compensation.