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Personal Injury Claims

Hernia Injury Claims

From lifting at work, or from surgery that went wrong

Hernias are common, and that is exactly what makes these claims worth getting right. The question is never simply whether you have one. It is whether the lift you were told to do, or the operation you were given, is the reason you have it. We handle hernia injury claims on a No Win No Fee basis and will give you an honest view of where you stand.

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Regulated solicitors

20+

Years' experience

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No Win No Fee

Your options

Can you make a hernia injury claim?

Hernia claims come to us by two quite different routes. Which one you are on changes who the claim is against and what has to be proved.

Route one

Numbness and tingling

Most hernia at work claims follow lifting: a load that was too heavy, an awkward one nobody planned for, or a job done alone that needed two people. The claim is against your employer’s insurer, and it turns on whether the task was properly assessed and whether you were trained and equipped for it.

Common in warehousing, construction, delivery driving, care work, farming and manufacturing.

Route two

A hernia caused by surgery

Most hernia at work claims follow lifting: a load that was too heavy, an awkward one nobody planned for, or a job done alone that needed two people. The claim is against your employer’s insurer, and it turns on whether the task was properly assessed and whether you were trained and equipped for it.

This route also covers problems following mesh repair, where the question is what was used, how it was fitted and what you were told beforehand.

Hernias also follow road traffic collisions and accidents in public places. If yours does not fit either box neatly, describe what happened and we will work out which route applies.

The argument you will meet

Was it the lifting, or were you always going to
get one?

This is the fight in almost every hernia claim, and it is worth understanding before you start. Hernias often develop where the abdominal wall was already weak, and that weakness can be there for years without anyone knowing. Insurers know it too.

So the response to a hernia at work claim is rarely “that did not happen”. It is more often “that would have happened anyway”. The argument runs that the lift was coincidental, that the hernia was waiting to appear, and that the employer therefore did not cause anything.

It is an argument that can be answered, and the answer is usually built from unglamorous detail: what you were actually lifting and how, whether you felt it go at a specific moment, when you first reported it, and what a surgeon says about the type of hernia and its likely trigger. 

Even where a weakness existed, the law can recognise a claim where unsafe work brought the problem on sooner or made it worse than it would have been. That is why the timing of what you said, and to whom, matters so much on this particular injury.

17%

of reported workplace injuries come from handling, lifting or carrying

Only slips and trips account for more. Lifting is not an unusual way to be hurt at work, it is the second most common, which is precisely why employers are expected to assess the task, provide training and equipment, and arrange help for loads that need two people. Whether any of that happened is what a hernia at work claim examines.

Source: Health and Safety Executive, RIDDOR-reported non-fatal injuries to employees, 2024/25.

Compensation

How much compensation for a
hernia at work?

It is the first thing people want to know and the hardest thing to answer honestly early on. Any figure quoted before the medical evidence is in is guesswork, and on this injury more than most, because so much depends on whether a repair holds.

What actually moves the number is straightforward once you know it. Whether the repair was successful or you have been left with a recurrence. Whether you can go back to physical work or need to change trade. 

Whether there is ongoing pain, restriction or a further operation ahead. Two people with the same diagnosis can be in very different positions a year later.

A claim can take account of
  • The hernia itself, the repair, and any recurrence
  • Time off work, and earnings lost during recovery
  • Not being able to return to heavy or physical work
  • Private treatment, travel and help at home while you recover
  • The anxiety and low mood that a long recovery can bringThe anxiety and low mood that a long recovery can bring

A claim is made up of general damages, for the injury and its effect on your life, and special damages, for what it has cost you. Once the surgeon’s report is in, your solicitor will explain what your claim should include and why.

Building your case

Evidence that supports a
hernia injury claim

Because the fight is about cause rather than whether you are injured, the useful evidence is about the task and the timing rather than the

hernia itself.

 
What you were lifting, and how
The weight, the shape, whether it was awkward or at floor level, and whether you were doing it alone. This is the heart of it.
When you first said something
The accident book, a text to a supervisor, or the date you saw your GP. Reporting it early is the strongest answer to "it would have happened anyway".
Training and risk assessment records
Manual handling training you did or never received, and whether the task was ever assessed. We request these from the employer.
Medical records and the surgeon's view
GP notes, imaging and operation records. For a surgical hernia claim, the consent discussion and what you were told about the risks.

Cannot remember the dates? Almost nobody can. We reconstruct employment history as a matter of routine, and we arrange the medical assessment.

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1
You tell us what you were doing when it happened. We assess it free of charge and give you an honest view.
2
We request the training and risk assessment records, and arrange an independent surgical opinion.
3
We put the claim to your employer's insurer, or to the trust, and answer the causation argument.
4
Nothing is accepted without your agreement, and we advise you before you decide.
How we are paid

No Win No Fee hernia injury claims

A No Win No Fee agreement, properly called a Conditional Fee Agreement, means there is nothing to pay upfront. If the claim does not succeed, you do not pay us for our work, subject to the terms of your agreement.

If it succeeds, a success fee agreed with you in advance comes out of your compensation. There is a legal cap on that fee in personal injury claims, and it is worth understanding properly: the cap is calculated on your damages for the injury itself and your past financial losses, not on the whole settlement, because future losses are left out of the calculation. Your agreement will set out the exact percentage in writing before you sign.

Asking whether you have a claim commits you to nothing, and there is no cold calling afterwards.

Got Questions?

Hernia injury claims
your questions answered

The questions we are asked most, answered plainly.

Can I claim if I got a hernia lifting at work?

Often, yes, if the lifting should have been managed better. Employers are expected to assess handling tasks, reduce the need for heavy lifting where they can, train you, and provide equipment or a second person for loads that need one. Where that did not happen and a hernia followed, there may be a hernia at work claim. Expect the insurer to argue the hernia would have happened anyway, and expect that argument to be answerable.

There is no set amount, and any figure quoted before the medical evidence is in is a guess. What moves it most is whether the repair held, whether you can go back to the work you did before, and whether further surgery is likely. A claim covers the injury itself plus your financial losses, including time off and any change of job. Your solicitor will explain what yours should include once the surgeon has reported.

It does not automatically end the claim. A pre-existing weakness is common and it is the insurer’s usual answer, but the law can recognise a claim where unsafe work brought a problem on sooner or made it worse than it would otherwise have been. Be upfront about your history when you call. It is far better dealt with at the start than raised against you later.

Possibly. A hernia at the site of a previous operation, or a repair that was carried out poorly, can give rise to a clinical negligence claim. So can problems following a mesh repair. The test is different from a workplace claim: it asks whether the care fell below a reasonable standard and whether better care would probably have avoided the outcome. Not every disappointing result is negligence, and we will tell you honestly which yours looks like.

You should not be. An employer cannot lawfully dismiss you or treat you unfairly for bringing a genuine claim, and the money comes from their insurer rather than out of the business. Employers are required to carry that insurance. If you are worried about how it would land at work, say so when you call and we will talk it through before anything starts.

Usually three years, running from the injury or from when you first realised it was connected to your work or to your treatment, which can be later. If you were under 18 at the time, the three years runs from your eighteenth birthday, and where an injured person lacks the mental capacity to claim, the time limit generally does not run. Records and memories fade, so earlier is better even if you are well within time.Usually three years, running from the injury or from when you first realised it was connected to your work or to your treatment, which can be later. If you were under 18 at the time, the three years runs from your eighteenth birthday, and where an injured person lacks the mental capacity to claim, the time limit generally does not run. Records and memories fade, so earlier is better even if you are well within time.

Free, confidential advice

Find out where you stand

Tell us what happened and how you have been since. We will explain which route applies to you, what it would involve, and whether it is worth pursuing. If it is not, we will say so.

 

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    Find out whether you have a claim

    A lot of people assume that because hernias are common, nobody is responsible for theirs. Sometimes that is right. Often it is not, and the only way to know is to have someone look at the task you were asked to do. The conversation is free and commits you to nothing.

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