Hernia injury compensation claims

When might I have a case for hernia compensation?

You may be able to make a claim for hernia compensation in several situations: 

• Lifting or moving something caused you a hernia injury at work, and your employer didn't provide suitable training, supervision or equipment.
• An accident that was someone else's fault caused your hernia, such as a car accident, a workplace accident, or a slip, trip or fall.
• Negligence during abdominal surgery led to a hernia. 
• You're suffering as a result of problems with surgery mesh used during an operation.
• Your hernia was misdiagnosed as something else.
• A delay in medical treatment made your condition worse. 

If someone else's negligence caused your hernia injury or made it worse, you could have a case for compensation to get the support you need. Call us for free impartial advice on so we can talk through your situation and assess whether you have a claim. 

If we think you're eligible for compensation, we'll connect you an expert hernia lawyer for further advice and help to get the compensation you deserve - all on a no win no fee basis.

How can you claim for a hernia injury?

You can claim whether your hernia was all or partially the fault of someone else - or if their negligence made it worse. Our team will help assess whether this was the case for you. 

As long as the accident or other incident that led to your hernia was in the past three years and was someone else's fault, you may be entitled to compensation. There are some exceptions to this three-year limit however, such as if the person lacks the psychological capability to make a claim themself.

Claiming on a no win no fee basis brings you no financial risk. There are no upfront charges and all of the costs are 100% covered for you during the case. You'll pay nothing at all if you lose. And if you win, your contribution to these costs will simply be deducted from your compensation.

You can also claim on behalf of someone else, for example if a medical or mental health condition means they can't claim themselves.

If you have any questions or feel you might have a claim, contact us for free on or start a claim online. We'll listen to what you've been through and let you know if we think you could make a claim. If you're eligible, we'll match you with specialist hernia lawyers who can make your claim and support you through the process.

What is a hernia injury?

Your abdominal wall is made up of layers of tissue and muscle protecting your internal body parts when you move. This usually does a good job of keeping everything where it should be. 

But sometimes, an internal part of the body pushes through a weakness or gap in the abdominal wall. This is most often a piece of fatty tissue or part of an organ, such as the bowel, intestine or bladder. When this happens, it's known as a hernia.

Several things can cause a hernia:

• Manual handling of heavy items in an unsafe way can cause a hernia injury at work
• A sudden trauma to the body, including a fall or being involved in a car accident
• When something goes wrong during abdominal surgery, such as appendix surgery or a caesarean section
• Straining, for example while coughing or giving birth
• Getting older

The lump is usually harmless and can be pushed back into place or will repair itself. But a hernia often causes pain, making it difficult to work or carry out day-to-day activities. Hernia surgery may be needed to repair the damage. 

What are the possible symptoms of a hernia?

Some hernia symptoms can affect your quality of life. As well as a visible lump or swelling, usually in the tummy or groin, there is often pain and restriction in how well you move.

Other hernias can cause heartburn or difficulty breathing and swallowing. A slipped disk is also a type of hernia and can cause pain in the back, arms or legs.

All too often, hernias cause pain and restrict how well you can move. As a result, many people are unable to work and struggle to carry on with their usual social or family activities. Movement is also usually restricted in the weeks following surgery to repair a hernia.

If a hernia has impacted your wellbeing or income, and if someone's negligence caused it, you may be able to claim compensation. Please get in touch on or request a call back so we can assess whether you can make a no win no fee hernia claim. If you're eligible, we'll match you with specialist hernia lawyers who can make your claim and support you through the process.

What are the different types of hernia injuries?

The main types of hernia can all potentially be caused by negligence - and therefore qualify you for a compensation claim.

Inguinal hernia

An inguinal hernia usually appears as a lump or swelling in the groin or scrotum. These hernias are frequently caused by lifting or carrying something heavy at work. When employers are negligent by failing to provide suitable equipment, training or supervision, this can be the basis for a hernia at work claim. 

Surgery may be needed to push the bulge back into place and strengthen the abdominal wall, often with hernia mesh. Unfortunately, there have been many cases of complications from the use of hernia mesh: you may be able to make a hernia mesh compensation claim if this has happened to you. 

Femoral hernia

A femoral hernia is similar to an inguinal hernia, appearing as a painful lump in the groin or inner thigh. Causes include lifting or moving something heavy.

Surgery is often needed to repair a femoral hernia. Doctors usually do this as soon as possible so that complications don't develop.

Hiatus hernia

A hiatus hernia or hiatal hernia is where part of the stomach moves up into the chest. Symptoms can include heartburn and some pain or difficulty when swallowing. 

Sometimes an injury to the abdomen caused by a trauma such as a slip, trip or fall, or a car accident can cause a hiatus hernia. You may need surgery if symptoms are severe and persist for a long time.

Incisional hernia 

With an incisional hernia, tissue pokes through a scar left after abdominal surgery such as appendix surgery or a Caesarean section. The British Hernia Centre say that up to 15% of abdominal operations lead to incisional hernias. Surgery to repair them is usually recommended, as without it they can grow. 

Strangulated hernia

A strangulated hernia is often a serious and painful complication of one of the hernia types listed above. After the initial hernia happens, it is ‘strangled' by the hole in the abdominal wall closing around it. 

The blood supply to the hernia tissue can be cut off, possibly releasing poison that may cause sepsis. This is why a strangulated hernia usually needs surgery as soon as possible.

Umbilical hernia

An umbilical hernia is usually found in babies and young children. But adults can also get one, and surgery to repair the hernia is usually recommended as it can worsen without it.

The cause of an umbilical hernia is often straining while lifting at work. You could have a case for a hernia at work claim if your employer has not met their manual handling obligations. 

Spinal hernia (herniated/slipped disk) 

A spinal hernia results from fluid leaking from one of the disks between the bones in your spine. This can irritate a nearby nerve, causing sharp pain, general weakness or numbness in an arm or leg. Treatment may be needed if you have difficulty walking or a reduced ability to hold or lift things.

They can be caused by an accident such as a fall or heavy impact. Lifting heavy objects is another cause of a spinal hernia. Work related injury claims often arise when employers don't follow correct health and safety procedures.

Have you had a hernia injury? 

If you have suffered a hernia injury at work, in an accident or due to medical negligence, we can help. Simply call us for a no-obligation chat on or fill in our call back form. Our legally trained advisors will listen to what happened to you, ask you some questions about your accident and injury and let you know if we think you may be eligible to make a hernia claim.

If we think you may be eligible to make a claim for hernia compensation and you'd like to go ahead, we'll connect you with a solicitor who can take your claim forward.

What are the common causes of hernia injuries? 

People often suffer a hernia injury as result of a single event or a series of events. They often happen in the workplace, but can be as a result of an injury elsewhere, or medical negligence.

Workplace hernia injuries

People at risk of a manual handling hernia injury at work are employed in a wide variety of jobs. These include:

• Warehouse and distribution staff
• Couriers and lorry drivers
• Manufacturing workers suffering factory accidents
• Builders and tradespeople involved in construction accidents
• Farm workers having agricultural accidents

Hernias are also common in the health and social care sector where nurses and care workers help to move patients. If an employer didn't provide the right training, equipment or staffing levels, a hernia at work claim for compensation may be awarded.

Hernia injuries can also happen in offices. Office accidents leading to hernias include moving equipment and boxes of stationery supplies.

Employers have a duty of care to employees under legislation including the Health and Safety at Work Act 1974, the Manual Handling Operations Regulations 1992 and the Management of Health and Safety at Work Regulations 1999.

These require employers to ensure you can lift or move heavy objects in a safe way. Employers should carry out risk assessments and provide training on safe manual handling. You should also have equipment such as hoists and trolleys where appropriate.

If something that happened in your workplace led to a hernia, work related injury compensation may help to put things right. Please call us on  so we can discuss your injury and whether you have a case for hernia at work compensation. Alternatively, complete a call back form and one of our friendly team members will call you back.

Car accidents and other impacts to the body

A hernia from a car accident is quite common, often caused by seatbelt damage to the abdominal wall. The hernia may be the only physical injury from the car accident, or other injuries may also form part of a compensation claim.   

Slips, trips, falls and other accidents where the body suffers a sudden impact can also lead to a hernia. The impact of the accident can weaken muscle or tissue around an organ, causing part of the organ to bulge out.

You can find out more about car accidents or slip, trip and fall accidents, or call us on  - we're here to discuss your injury and whether you have a case for compensation.

What counts as medical negligence?

Medical negligence in the UK is a situation where the doctor or hospital does not act to a standard that you as a patient could reasonably expect from them.

When medical negligence leads to a hernia or complications of an existing hernia, including a hernia mesh injury, we could help you make it right. Please call us free on  or request a call back and we'll let you know whether you could make a claim for hernia compensation or hernia mesh compensation.

How much compensation could I receive for my hernia injury?

Letting a solicitor investigate what happened is the best way to get an idea of a possible hernia claim amount. The full circumstances and effects of a hernia injury at work or an accident elsewhere need to be carefully assessed. This is also true with medical negligence cases such as hernia mesh claims, where hernia mesh compensation amounts depend on several factors.  

Your hernia claim amount might be determined by one or both of these categories: 

• General damages cover pain, suffering and ‘loss of amenity', which means the impact on your ability to do things you used to do, such as everyday tasks and hobbies. 
• Special damages are the financial losses you've experienced as a direct result of your hernia injury and are in addition to general damages. For example, you may need 2-6 weeks off work after a hernia repair operation. If this affects your income, this could be reflected in hernia compensation amounts.

The Judicial College is the government department in the Ministry of Justice responsible for setting the guideline general damages amounts for all personal injury types. Included are the types of harm caused by hernia injury events, with guidelines for hernia compensation amounts.

The guidelines show that if there is continuing pain and/or limitation on physical activities, sport or employment after repair surgery, a claim can attract general damages of £13,970 to £22,680. With an inguinal hernia with some risk of recurrence after repair surgery, general damages range from £3,180 to £6,790. 

Financial losses such as being unable to work normally during your recovery may also be added as special damages in a compensation award.

To find out whether you can claim compensation for your hernia injury, contact us for free on  or fill in our secure online form to arrange a call back at a time that suits you. We'll never rush or pressure you into making a claim. We're here to help you understand whether you could make a hernia claim and to answer any questions.

Who pays the compensation for hernia claims?

If your claim is for a hernia injury at work, your employer's liability insurance covers the damages. This means the solicitor negotiates on your behalf with the employer's insurance company, not personally with the employer.

Claims against the NHS in cases of hernia mesh compensation or compensation for hernia operation complications are managed by the NHS's specialist insurance company, NHS Resolution. There is a pot of money to resolve patient claims against the NHS and nothing comes out of budgets for delivering NHS services.

How long do I have to make a hernia compensation claim? 

To qualify for making a hernia injury at work, hernia accident or hernia medical negligence claim, you must normally have suffered the effects of what happened within the last three years. The negligence involved must also have been all or partially the fault of someone else.

• If you were 18 or over when the event occurred, you have three years to make a claim from the event or when you became aware of it. 
• If you were under 18 at the time and no claim was made, you have three years from your 18th until your 21st birthday to claim.

There are exceptions to the three-year limitation, for instance if the victim experienced such severe side-effects they can't make the claim themselves. This also applies if they lack the psychological capability to do so.

If you've got any questions about making a no win no fee claim, contact us for free and impartial advice on . We'll listen to what you've been through and let you know if we think you could make a no win no fee claim. 

Alternatively, try our eligibility verifier which asks some simple questions about what happened and we'll let you know whether we think you may have grounds to make a claim.

How long will my hernia compensation claim take?

Every claim we handle is different. Workplace injury cases where fault is clear and straightforward may settle sooner than claims based around medical negligence, including cases involving a hernia mesh lawsuit. Lawyers may take longer to investigate and resolve these claims due to the added complexity.

If a complex claim does take longer, it may be possible to make your hernia compensation payouts in stages. This could help you with ongoing costs such as rehabilitation or physiotherapy fees.

Can I make a no win no fee hernia compensation claim?

Yes you can. In fact, at National Accident Helpline we specialise in no win no fee claims that means you can claim with no financial risk. Also known as a ‘conditional fee agreement', a no win no fee claim lets you seek hernia compensation with nothing to pay if you don't win your case.

Once your lawyer takes on your case there are no upfront costs or hidden charges. All the costs are covered throughout your case so you can focus on your recovery.

If you don't win your claim, all your costs are covered - so you can be reassured that you won't be out of pocket. This is because in most cases  your costs will be funded through an ‘After the Event' (ATE) insurance policy that your solicitor will help you put in place. This insurance covers costs such as medical report fees, court fees and barristers' fees. You won't even have to pay the ATE policy fee if you lose your case.

If you do win your case, the other side will be required to contribute towards your legal costs and expenses, depending on the claim type and value. Should their contribution not cover everything, the remaining costs may be deducted from your compensation. The deduction may include any fixed fees that aren't covered by the other side's contribution, a ‘success fee' to your solicitor for winning your claim, and the ATE insurance policy fee.

Your potential costs will all be explained and discussed at the outset of your claim. You'll also have the reassurance that any costs will be capped at a level discussed upfront with you.

The thing to remember is that you'll pay nothing at all if you lose, and you'll only pay if you win. No win, no fee, no surprises. It's as simple as that

Will I have to go to court?

It's unlikely that you will need to go to court, as most claims made with us settle without a court hearing. Even if a court date is set, your claim might still be settled before the date comes up.

If your case does go to court, you have the reassurance that the hernia lawyers looking after your claim will guide you through each step of the way. They will take you through the preparation process and negotiate on your behalf throughout the court hearing itself. 

Although it might seem worrying, a court hearing can be very positive. Your solicitor will only suggest it if they think it's the best way to make sure you get the compensation you need.

How do I start my claim with National Accident Helpline?

You could be entitled to compensation if you have a hernia or a complication of a hernia caused by someone else's negligence. Call our team of legally-trained advisors on  or start a claim online. 

If we assess that you may have a case for a claim, and if you decide to take things further, we'll put you in touch with one of our specialist personal injury or medical negligence solicitors.