By Lewis Houston. Last Updated 10th December 2024. Personal injury solicitors handle thousands of claims for accidents at work. In this online guide, we explain how you can launch a claim that relates specifically to a hernia injury if it was caused through a breach of health and safety legislation. We also share a case study for a £12,000 compensation payout for a hernia injury.
Using our example case study, Mr Alan a 40-year-old warehouse operative, we look at how a hernia injury could happen at work and how duty of care could potentially be breached.
We also look at how hernia injury compensation is calculated, and how a No Win No Fee solicitor from our panel could help you through the claims process.
If you want to make an accident at work claim enquiry, please don’t hesitate to give us a call at 0800 408 7825 or drop us a line here.
Select a Section
- Case Study: £12,000 Compensation Payout For A Hernia Injury
- What Are The Criteria To Claim A Compensation Payout For A Hernia Injury?
- What Are Hernias?
- Can A Hernia Cause Financial Loss?
- Common Hernia Injuries
- How Are Hernia Compensation Payouts Calculated?
- Hernia Settlement Amounts in the UK
- What Are No Win No Fee Agreements?
- Talk To Us About Making A Hernia Injury Claim
- Useful Links On Hernia Settlement Amounts
Case Study: £12,000 Compensation Payout For A Hernia Injury
Mr Alan had recently been employed as a warehouse operative. On the day of his accident his company had fallen behind in an important shipment and everyone was being asked to work overtime to keep up with demand. The problem was the company had been so busy they had not trained Mr Alan in manual handling training.
A box came along the conveyor belt to be moved and almost as second nature, Mr Alan stretched to grab it and haul it into its correct trolley for delivery. The box contained items that were much heavier than the ones usually packaged this way and Mr Alan immediately felt something was up as he suffered pain in his groin.
Mr Alan thought nothing of it and continued to work as normal until one day he was suffering from severe pain in his groin area when he noticed a swelling. The area was quite tender and firm. As the day wore on the pain was unbearable and Mr Alan went to his nearest A and E. He was diagnosed with a strangulated hernia.
It wasn’t until some time later that Mr Alan realised that the hernia had been developed that day when he felt the pain. He spoke with a solicitor who pointed out that due to him having no official training to be able to lift items he had a valid case for compensation.
He was awarded £12,000 in compensation for hernia injury which included special and general damages.
Whilst this is merely an example of the kind of cases personal injury lawyers routinely handle, it shows how with the help of a solicitor liability can be proven. Speak to us today to see how you could benefit from our knowledge and expertise.
What Compensation Payout Did He Receive?
When he used special damages to boost his claim, the breakdown of Mr Alan’s compensation payout for a hernia injury looked like this:
| General damages | Special damages |
|---|---|
| Hernia Injury £8,500 | Loss of earnings £3000 |
| Paid carer costs for 1 week – £400 | |
| Travel costs to hospital – £100 |
You may see many adverts for personal injury No Win No Fee claims these days that have compensation calculators and offer instant payout amounts, but in reality, this is not a reliable way to calculate payouts.
Only after taking everything into account can a precise amount be estimated for your case, when all your different personal aspects are taken into consideration.
Speak to our friendly and knowledgeable team on the number above. Once they know the details of your case, they can calculate a much more accurate estimate of what you could look to receive as a payout.
What Are The Criteria To Claim A Compensation Payout For A Hernia Injury?
To be eligible to receive a compensation payout for a hernia injury after an accident at work, you must show how negligence has occurred. Negligence occurs when someone suffers an injury due to a breached duty of care.
The Health and Safety at Work etc. Act 1974 outlines that employers owe their employees a duty of care. This means that employers must ensure that their employees are safe whilst working by taking reasonable steps.
One of these reasonable steps includes providing adequate manual handling training to employees who are expected to perform manual handling tasks.
As such, the eligibility criteria that needs to be met to make a hernia compensation claim is as follows:
- Your employer owed a duty of care.
- Your employer breached their duty by not adhering to health and safety legislation.
- You suffered an injury, such as a hernia, as a result of the breach.
Our advisors can tell you more about who is eligible to claim hernia compensation payouts after a workplace accident. So, if you meet the above criteria, please contact us today and have a chat about your situation.
What Are Hernias?
A hernia is when the wall of tissue and muscle tears or separates allowing organs or other body parts to protrude. Hernias can go unnoticed or they can be found as a swelling. For further information on hernia injuries, diagnosis and treatment, please refer to this NHS site for more information.
A hernia may occur when excessive stress is placed on this area, most typically from attempting to lift things that are too heavy. Some types of hernia are considered medical emergencies and if surgery is required it will involve several weeks of recuperation.
Common Hernia Injuries
A hernia could potentially be caused in some of the following workplace scenarios:
- Tripping or slipping on hazards with no signposts and landing badly.
- Attempting to lift something too heavy or without receiving the relevant training.
- Having a heavy object fall on you due to shelves etc. not being well maintained.
Talk to our team today to explore your options. Compensation for a hernia injury could be a phone call away.
How Are Hernia Compensation Payouts Calculated?
Two heads of loss could potentially make up a compensation payout for a hernia injury when a claim is successful – general and special damages.
General damages (guaranteed to be awarded when a hernia compensation claim is successful) compensates for how your hernia has affected you physically and mentally. As such, some factors that are looked at include:
- The length of the recovery period.
- Loss of amenity.
- Pain severity.
Legal professionals may use reports from an independent medical assessment along with the Judicial College Guidelines (JCG) to help calculate general damages.
The JCG is a publication that contains guideline compensation amounts for various injuries and illnesses.
Guideline Hernia Settlement Amounts in the UK
In the table below, we have taken some injuries relating to a hernia and their guideline compensation amounts from the JCG (only the top amount is not from the JCG).
However, please remember when looking at this table that no set compensation amount for a hernia injury can be guaranteed, because every claim is unique.
| Injury Type | Severity | Bracket of Compensation |
|---|---|---|
| Multiple serious injuries along with special damages | Serious | Up to £250,000+ |
| Hernia | Limitation of activities and/or continuing pain (a) | £18,180 to £29,490 |
| Direct inguinal hernia (b) | £8,560 to £11,120 | |
| Uncomplicated indirect inguinal hernia (c) | £4,140 to £8,830 | |
| Scarring to Other Parts of the Body | A single disfiguring scar | £9,560 to £27,740 |
| A single noticeable scar | £2,890 to £9,560 |
Special Damages
Special damages (not guaranteed to be awarded when a hernia compensation claim is successful) compensates for how your hernia has affected you financially. Some financial losses that could be incurred include:
- Lost earnings if you require time off work during the recovery period.
- Medications or modifications to your daily routine.
- Travel costs to attend medical appointments.
In order to receive compensation under this head of loss, you must provide evidence (such as payslips, invoices, bank statements, and receipts).
Please contact us to learn more about how hernia settlement amounts are calculated.
What Are No Win No Fee Agreements?
A No Win No Fee solicitor for your case means that if your case does not win, you won’t have to pay a penny to your solicitor for their work. However, if there is a successful outcome, your solicitor can seek a ‘success fee’, which is capped by law.
Other advantages are:
- No upfront fees to pay for your solicitor’s work.
- No ongoing fees to pay for your solicitor’s work.
- Expert legal advice
To find out more about No Win No Fee agreements, get in touch with our team.
Talk To Us About Making A Hernia Injury Claim
If you want to make a hernia injury claim, or if you’d like more information about the claims process, you can:
- Call and speak 24/7 to our ‘live support’ team on 0800 408 7825
- Write to us by clicking here
- Or get in touch with us via our live chat app, bottom right.
Useful Links On Hernia Settlement Amounts
Thank you for reading our guide to making a compensation claim for a hernia injury. We hope that you’ve found it useful and it has helped in your decision to seek damages for your injury. For further reading, please see below:
Click here to check out the NHS’s guide on hernia injuries
Click here to read The Highway Code
