Hernia Compensation Claims

Hernia injuries occur when an organ pushes through an opening in the muscle or tissue that holds it in place.

No matter what type of hernia you have developed and the circumstances that may have contributed to your hernia, it is vital that you seek medical attention immediately so that the correct treatment can be undertaken without delay.

If your injury is severe and you need to have time off work to recover, you may have less wages coming in and with increased medical expenses your injury may cause extra financial stress. You will likely be a good candidate to access a hernia claim to cover your expenses under these circumstances.

Common Causes of Hernia Injuries

There are some common causes of hernia injuries and they include:

  • damage from an injury or surgery
  • strenuous exercise or lifting heavy weights
  • chronic coughing or chronic obstructive pulmonary disorder (COPD)

There are different types of hernias you can suffer from including:

  • Inguinal hernia: An inguinal hernia occurs when a small portion of the bowel bulges out through the inguinal canal and into the groin.
  • Femoral hernia: A hiatal hernia is when your stomach bulges up into your chest through an opening in your diaphragm.
  • Umbilical hernia: An umbilical hernia occurs when part of your intestine bulges through the opening in your abdominal muscles near your bellybutton.
  • Incisional hernia: An incisional hernia is a protrusion of tissue that forms at the site of a healing surgical scar.
  • Epigastric hernia: An epigastric hernia is where fat pushes out through a weakness in the wall of your abdomen.
  • Hiatal hernia: A hiatal hernia is a condition where the top of your stomach bulges through an opening in your diaphragm.
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Hernia Injury Compensation Claim Types

Hernia Injury at Work

Hernia injuries are often work-related especially if you undertake very physically demanding activities. A hernia can develop either due to specific or cumulative trauma due to the nature of your work. Hernias can be caused by a specific lifting incident that causes a tear of the muscle of the abdominal wall or it can be caused by repetitive lifting over time.

Accidents are bound to happen in workplaces, especially where manual handling training has not been provided, and in particular where a lot of heavy manual lifting is required. If you have sustained an injury as a result of this then your employer may be found liable for negligence and failing to uphold their duty of care. Manual handling accidents can lead to hernias due to the constant pressure that is put on the muscles.

If you believe your work has contributed to muscle weakness, causing your hernia injury you may have good grounds for bringing a workers compensation claim. Even if the strain that produces a hernia is not work-related, your strenuous job may have contributed to the muscle weakness that allows the hernia to develop. For example, if muscle weakness was caused by repetitive heavy lifting at work, or by abdominal surgery that was necessary to correct a work injury, work may be an indirect cause of the hernia.

Talk with an experienced WorkCover lawyer to learn more.

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Hernia Injury Due to a Motor Vehicle Accident

Abdominal hernias are particularly common in car accidents. Due to the trauma of your crash you may suffer weakness of your muscles or tissues that holds your organs in place. This often occurs in the abdominal area, leading to hiatal hernias. A seat belt can also cause significant damage to the tissue underneath it, including the abdominal wall itself.

After a motor vehicle accident if you notice bruising on your stomach or chest from your seat belt, you may be at risk of developing a hiatal hernia. Be sure to seek prompt medical attention and follow up if you develop symptoms of a hernia, such as digestive issues, acid reflux, and/or a tender, painful lump on your abdomen. Be sure to let your doctor know how you sustained your injuries when you consult them.

Talk with an experienced motor vehicle accident lawyer for more information.

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Hernia Injury Caused by Slip and Fall

Slips and falls can happen to anyone at any time, you don’t expect them to occur and you can’t prepare for them in order to lessen your injuries. One minute you could be going about a regular activity like grocery shopping, and the next you are on the floor, having sustained an injury. Even though they may seem minor, injuries from slips and falls can be serious.

Some traumatic falls or slips can cause hernias particularly inguinal hernia, abdominal hernia or herniated disk injury.

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What Evidence is Required to Make a Hernia Compensation Claim?

As with any injury you may receive due to accidents it is important that first and foremost you seek medical attention for your injuries. It's important to let your treating doctor know if you have any pain in your abdominal area or have received a blow that has caused you ongoing pain. If you have suffered a hernia injury due to a workplace incident you will also need to report your accident and injuries to your employer.

A medical professional will have to officially diagnose you with a hernia injury in order to make any sort of personal injury law compensation claim. If a hernia is suspected your doctor will examine you, they may ask you to cough, strain or stand while pressing on the hernia. You may also be asked to have an ultrasound CT scan or MRI to verify your hernia. Depending on how serious your hernia is and what pain and discomfort you are dealing with you may require surgery to repair your injury.

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Is There a Time Limit For Making a Hernia Compensation Claim?

If you have been injured in the course of your work, in a motor vehicle accident or in a public place and you’re suffering with a hernia injury, it is important that you seek legal advice and act promptly, as strict time limitations apply for personal injury law compensation claims. Seeking legal advice will ensure your legal rights are protected and you don't miss out on compensation due to missed time limits.

How Long Do Hernia Settlements Usually Take?

Settlement timeframes are very much dependant on individual circumstances, no one hernia injury or associated injuries are the same. Many hernia injury claims can be finalised quite quickly, but if your injuries are more serious or require surgery, there’s a fair chance it can take longer. The settlement timeframe can also be dependent of the time it takes for a hernia to develop. Your lawyer will be able to provide an estimate of the timeframes you can expect once they have fully reviewed your claim and the circumstances surrounding your individual situation.

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What Are The Average Payouts For a Hernia Injury?

The hernia compensation claims payout you may receive will depend on the extent of your injuries and all unexpected medical expenses you incur. You might be able to claim compensation amounts for lost income, unaccountable expenses, travel expenses, domestic assistance, pain and suffering, permanent impairment and future losses.

How Much Does it Cost to Lodge a Hernia Injury Compensation Claim?

We offer a ‘No Win. No Fee. No Catch’® promise on completing your hernia claim, which means there are no upfront costs and you will never be left out of pocket. Fees are calculated on the amount of work done and will be explained to you in full before your claim commences and before you sign any kind of agreement.

Can I Represent Myself When Making a Hernia Injury Compensation Claim?

Seeking legal advice isn’t required to make any compensation claim in Queensland, you are more than able to represent yourself when making a personal injury compensation claim.

Our team of experienced personal injury lawyers will be able to guide you through the compensation legal process and assist you to obtain and access all possible avenues to compensation. If you have sustained a hernia injury due to a workplace accident, as a result of a motor vehicle accident or due to a slip or fall in a public place, you have the right to access compensation.

It is important to note that at times it can be difficult to determine who is liable for a hernia injury, this is an important first step in the claims process. Having an experience lawyer on your side will help you to navigate the complex legal landscape.

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Lodge A "No Win No Fee" Claim

If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.

Get in touch with us today to give yourself the best opportunity to understand your rights.

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