Claiming Compensation for a Hernia
What is a hernia?
We’ve all heard the phrase ‘you’ll give yourself a hernia’ usually said in jest, but for many there’s no laughing matter about a hernia. What is a hernia and how do they occur?
A hernia happens when the muscle that protects the abdominal wall thins, and the organs from inside the body start to protrude through the damaged muscle. They typically occur in the abdomen or groin area and can range from an almost unnoticed bump, to an incredibly painful and potentially damaging extrusion.
Left untreated, a hernia can lead to additional complications.
What makes a hernia occur?
There are several hernia definitions which occur either as a birth defect, through poor lifestyle, such as obesity or as a result of pregnancy. All of these hernias, of course, cannot be blamed on an external third party and as such are not relevant to making a claim for compensation.
Some hernias, however, can occur from an incident in the workplace, or through medical negligence and in these cases hernia compensation payouts are likely.
Examples of hernias include:
This type of hernia occurs in the groin and happens when the intestines push through a weak spot in the lower abdomen or the inguinal canal.
An inguinal hernia is far more common in men than women, as the inguinal canal can be weakened when the testicles pass through it shortly after birth. According to the British Hernia Centre (BHC), inguinal hernias represent 70% of all hernias in the UK.
This type of hernia can occur after abdominal surgery, where the intestine pushes against the weakened area that was created as part of the surgery. If the medical team in charge of the surgery and your care failed to correctly prescribe an appropriate period of rest, or warn you of any of the post-surgery dangers which led to the onset of an incisional hernia, you may be entitled to make a claim of medical negligence.
Here, the part of the stomach pushes upward through the diaphragm and reaches the chest cavity. It is a painful hernia that can result in a burning sensation when the acidic stomach contents leak into the oesophagus.
Hiatal hernias are typically only a problem for people over 50 years old – symptoms in anyone younger are usually due to a birth defect.
While uncommon, femoral hernias occur on the upper thigh or lower section of the groin and are often the result of fatty tissue pushing through the weakened muscles rather than from an intestinal push (though the latter can occur too).
What are the causes of a hernia?
Hernias are usually caused by a straining of the weakened muscles. Common reasons for this straining include:
- Persistent coughing – this can be due to something unavoidable and natural, such as a cold, or something that was preventable, such as breathing difficulty brought on by exposure to chemicals while working. If the latter, then there is cause for a compensation claim, perhaps as part of a larger claim regarding the breathing difficulty. Read our articles on ‘Claiming Compensation for Asthma’ and ‘Claiming Compensation for an Asbestos Related Disease’ for more information regarding these conditions.
- Heavy lifting – One of the largest reasons for workers compensation for a hernia is due to heavy lifting where incorrect training has been given or safety regulations have not been properly put in place and followed. Your employer has a duty of care to ensure you have been adequately trained in all health and safety procedures and that you are not put in a position where those rules have to be broken (for example, being left to lift something heavy alone when it should be the job of two people).
- Hernia from trauma – though exceptionally rare, a hernia from falling or other trauma such as a car accident can occur. These unusual hernias are known as traumatic abdominal wall hernias (TAWH) and any swelling in the abdominal area should be checked for TAWH by a medical professional following any car accident or serious fall. Failure to properly check for and diagnose TAWH could be grounds for a medical negligence claim in addition to a workplace or accident related claim due to the initial incident.
- Medical negligence – failure to provide suitable after-care following surgery leading to an incisional hernia, or a mistake made during a surgery to repair an existing hernia can both lead to a medical negligence claim and subsequent settlement for hernia surgery.
As you age, the chance of a hernia increases, and extra care should be taken in everyday life to avoid situations which may lead to an abdominal hernia.
How do I get a hernia payout?
If you have suffered from a hernia due to a work-related incident or from medical negligence, then Accident Line Direct are here to help you. Our expert solicitors have experience in dealing with claims like yours and will work to get you the best hernia settlement amounts in the UK.
We work on a No Win No Fee basis because we believe that everyone has the right to professional legal representation when making a claim. There are no hidden fees – we take a small percentage from the final compensation award, so when you win, so do we. It means you do not have to worry about finding any money to pay for our services and there’s no chance that you will end up out of pocket. If we don’t win the case for you, then there’s no charge.
How much compensation can I get for my hernia operation?
The courts follow a set of prescribed guidelines for hernia compensation calculation. Everything is considered – from the amount of pain and suffering you have dealt with, to the expenses occurred driving to the hospital. When assigning a final amount for hernia and workers compensation, or for a medical negligence claim, the guidelines described below provide a top end figure to award.
At Accident Line Direct we do our utmost to ensure you get the highest possible payout:
|Uncomplicated indirect inguinal hernia, possibly repaired||£2,710 to £5,760|
|Direct (where there was no pre-existing weakness) inguinal hernia, with some risk of recurrence, after repair||£5,590 to £7,270|
|Continuing pain and/or limitation on physical activities, sport or employment, after repair||£11,890 to £19,260|
Whether you have recently suffered from your hernia, or whether it starting to fade into memory, if your initial symptoms presented no longer than three years ago, Accident Line Direct is here to provide confidential support and top legal professionals to help you.
Contact us today by filling in a form to have us call you back at a time convenient to you, or simply give us a call. If you know someone who is currently suffering from a hernia that may not be their fault, please share this article with them so they can get the help and financial compensation they deserve.