‘What is the average compensation payout for hernia in the UK?’ This guide about hernia compensation payouts in the UK will show you how damages are calculated.
If you were injured, it wasn’t your fault, and it caused a hernia, you could be entitled to compensation.
We’ll start by looking at the eligibility criteria to begin a personal injury claim. This is based on whether a workplace duty of care to you was breached. As well as what evidence you can use to strengthen your claim and how long it might take.
We close by explaining the many advantages of working with a No Win No Fee expert solicitor from our panel. Either click on the sections below to jump straight to that part of the guide. Or get in touch to talk about your personal injury claim with our advisors to learn more:
- Call the team now on 0800 408 7825
- Contact us online to discuss hernia compensation payouts in the UK.
- Use the live discussion feature below.
Select A Section Of Our Hernia Compensation Payouts Guide
- How Much Compensation Can I Claim For A Hernia?
- What Are Hernias?
- Common Accidents At Work That Can Cause Hernias
- Am I Eligible To Make A Hernia Claim?
- How To Start A Workplace Accident Claim
- How Our Panel Of Solicitors Can Help You Get Compensation
- More Information
How Much Compensation Can I Claim For A Hernia?
If the outcome of a personal injury compensation claim is successful, two types of loss can be included in the payout. The first is called general damages and this applies a value to the physical pain and psychological injury caused by the hernia. The second category of loss is called special damages, and this compensates for the financial harm caused due to the injury.
Those involved in the general damages calculation for hernia compensation claims in the UK can refer to any medical records put forward. In addition to this, they may refer to publications like the Judicial College Guidelines (JCG). This lists award bracket amounts for a whole host of injuries. We’ve compiled examples below as they relate to a hernia.
Please bear in mind that these award bracket amounts only represent an approximate guideline and that the JCG apply only to England and Wales. Every personal injury claim will have factors that differ. Also, the first amount shown is not taken from the JCG:
Compensation Guidelines
| INJURY | SEVERITY | JC GUIDELINES | NOTES |
|---|---|---|---|
| Multiple types of severe harm and special damages awards. | Severe | Up to £500,000 plus. | Awards here reflect multiple types of injury as well as special damages for physio costs, medical bills and time off work. |
| Bowel | (a) Function loss. | Up to £244,790 | Double incontinence with other associated medical complications. |
| Bowel | (b) Total function loss | Up to £183,190 | Complete loss of natural function and a reliance on a colostomy. |
| Bowel | (c) Faecal urgency | In the region of £97,530 | Cases where passive incontinence persists after surgery. |
| Bowel | (d) Severe | £54,420 up to £85,100 | Severe abdominal injuries that may require temporary reliance on colostomy bag. |
| Hernia | (a) | £18,180 up to £29,490 | Continuing pain that limits physical activities, sport and ability to work, even after surgical repair. |
| Hernia | (b) | £8,560 up to £11,120 | A direct inguinal hernia that has potential risk of recurrence after repair. |
| Hernia | (c) | £4,140 up to £8,830 | Cases of uncomplicated and indirect inguinal hernias with no other abdominal damage/injury. |
| Back | (b) Moderate (ii) | £15,260 up to £33,880 | Commonly encountered cases of disturbed muscles and ligaments. |
| Psychiatric Harm | (c) Moderate | £7,150 up to £23,270 | Despite initial problems with work and relationships, an improvement is indicated by the time the case may be heard at trial. |
Claiming Special Damages
Special damages are calculated by using evidence of the financial harm caused by the injuries. With this in mind, the following are examples of evidence that could be used:
- Wage slips proving a current or predicted loss of earnings.
- Proof of any amounts paid out for domestic care.
- Tickets and receipts for essential travel.
- Medical bills for any treatments and rehabilitation you had to pay for.
- Invoices or estimates for adaptations needed to your lifestyle to help you manage.
Special damages can represent a significant part of hernia compensation claim payouts in the UK. Therefore, it’s important to keep everything that proves financial losses or expenses. If you contact us, our team can discuss this further.
What Are Hernias?
The NHS describes a hernia as an internal body part that is pushed through tears or weakness in the muscle and tissue after a strain or injury. Typically, this occurs in the chest and stomach region or the groin area. There are several recognised types of hernias:
- Inguinal hernias – The most common type where tissue or a part of the bowel pushes through into the groin.
- Femoral hernias – When tissue or muscle pokes into the inner thigh or groin region.
- Umbilical hernias – When the tissue penetrates the stomach near the belly button.
- Hiatus hernias – When the stomach pushes up into the chest via the diaphragm.
There are other types, such as incisional hernias, epigastric hernias, Spigelian hernias, and muscle hernias, which are commonly associated with sports injuries or leg exertion. Whatever your injury, if it was someone else’s fault, call to see how a hernia compensation payout in the UK could be calculated for you.
Am I Eligible To Make A Hernia Claim?
All personal injury claims need to meet the following three essential criteria that define negligence:
- A duty of care protected your safety at the time of injury.
- The duty of care was breached.
- Because of this breach, you experienced harm. All three criteria need to be met to move forward with a claim.
Let’s look at some potential accidents that could lead to a claim.
Accidents At Work
In the UK, all employers owe their staff a duty of care as outlined by the Health and Safety at Work etc Act 1974 (HASAWA). This legislation obliges them to take proportionate and reasonable actions to ensure their employees are protected from harm as they perform their jobs. A valid hernia claim could be the result of being asked to move boxes that were too heavy. Or bring provided with faulty equipment such as ladders, and falling as a result.
Road Traffic Accidents
A duty of care also applies on the roads. All users need to follow the Road Traffic Act 1988 and further obligations in the Highway Code to comply fully with their responsibility to avoid causing harm or damage. Here, a hernia injury could be part of a collision with a drunk driver who swerves onto the wrong side of the road.
Accidents In A Public Place
Furthermore, the Occupiers’ Liability Act 1957 states that a duty of care applies to the general public in public areas. The Act states that reasonable steps must be taken to keep the public as safe from harm as possible while they lawfully use facilities under the occupiers’ control. For example, falling on stairs that were left wet after cleaning and without a warning sign in a shopping area could present grounds that could cause someone to fall and suffer injury.
If you’d like further guidance on the duty of care and whether you have eligible grounds to start an accident at work hernia claim, please connect with our team on the contact options above.
How To Start An Accident Claim
After receiving the care you need, it’s important to report an accident, e.g. to your employer. This is to prevent further hazards to others. There are then some practical actions you can take to start building effective hernia injury compensation claims:
Gathering Evidence
A personal injury claim uses evidence of negligence as its foundation. You need to assemble as much proof as possible that the injury you experienced was a result of a breach in the duty of care your employer owes to you. Therefore, the following actions can be useful:
- Request CCTV footage from your accident.
- Ask any eyewitnesses if they are willing to provide their contact details. If you go ahead with appointing a solicitor, they will collect a supporting statement from these people which can strengthen your claim.
- Get copies of medical records that detail your hernia and the surgeries or treatments that you need (or will need).
- Take photos of your visible injuries and the hazard that caused the accident.
- Obtain a copy of any accident book entry made.
Our team offers free guidance if you get in touch. Furthermore, if you’re claim is valid and you’re interested, they could direct you to a personal injury solicitor from our panel with decades of expertise in gathering evidence. Maximize your hernia compensation payout in the UK and call today.
How Long You Have To Make A Claim
The Limitation Act 1980 gives a three-year time limit to start a personal injury claim. Usually, this begins from the date of the injury. There are two groups for whom the normal time limit may vary:
- People under 18 cannot start a personal injury claim until they are 18. So, either a family member, guardian, or responsible adult is appointed as a litigation friend to begin a claim for them immediately. If no claim is made, they can start a case themselves when they are 18. They would have 3 years to claim from the age of 18.
- Time limits are frozen for those who lack the mental capacity to claim themselves. Again, a concerned party can act for them in the role of a litigation friend, or the person has three years to start a claim from any date that they regain sufficient mental capacity.
If you contact us, our advisors are happy to discuss time limits and other aspects of hernia compensation payouts in the UK.
How Long It Can Take For A Compensation Payout
Timescales for personal injury claims depend on a number of factors:
- The complexity of the case.
- How long recovery is expected to be and what bearing this may have.
- The time it takes to receive medical specialists reports.
- The workload of the courts.
- Whether the employer disputes liability for the accident.
If they take up your claim, a solicitor from our panel will ensure the hernia injury claim moves along promptly. However, time limits vary from case to case, so call our team for personalised guidance on hernia compensation payouts in the UK.
How No Win No Fee Agreements Work
There are various types of No Win No Fee contracts and agreements. The solicitors that are on our panel often help people access their services through a Conditional Fee Agreement (CFA) because it has so many useful benefits to those making a claim. Under a CFA, there are:
- Zero solicitors fees upfront to be paid.
- No fees as the solicitor works on your claim goes forward.
- No fees for completed solicitor’s services should the claim not succeed.
- A hernia claim outcome that is successful will require a percentage deduction from the compensation.
- There is a legal limit that keeps this percentage low.
- Therefore, under an agreement like this, you can benefit from excellent legal advice and still receive virtually all of your compensation.
How Our Panel Of Solicitors Can Help You Get Compensation
Not all solicitors offer to work using a No Win No Fee agreement. This could be an excellent opportunity for you to be compensated for the harm caused by a workplace hernia injury without adding to financial strains. Also, it can be much less stressful to place your claim in the hands of experts. They will:
- Help you gather strong supporting evidence like witness statements and medical reports.
- Calculate hernia settlement amounts much more precisely.
- Efficiently deal with the pre-action protocols in personal injury claims.
- Take care of all court correspondence and meet all the deadlines.
- Explain legal jargon.
- Argue forcefully on your behalf with the other side for the highest compensation.
- Confidently represent you at every stage of the personal injury claims process.
Why not see if you can access excellent legal representation this way? You can:
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- Call on 0800 408 7825 to discuss hernia compensation payouts in the UK.
- Contact us online.
- Also, use the live discussion feature for instant support.
More Information
As well as guides on hernia injury compensation amounts in the UK, these other resources may be useful:
- This guide explores hernia compensation payout amounts in more detail.
- Also, your rights after an accident at work discussed here.
- In addition to this, information after a slip or fall at work.
External Resources
- Here is guidance on hernia repair from the NHS.
- Also, advice on deciding to have hernia surgery.
- Also, when to call 999.
Thank you for your interest in this guide about the average hernia compensation payouts UK. Don’t hesitate to get in touch for any further free guidance or information about your potential hernia claim.
