A hernia caused by an accident can qualify for compensation if you can link the injury to the event and someone is liable for it (Article 6:162 of the Dutch Civil Code). The causal link is often the key issue, so a medical assessment of how the accident caused or aggravated the hernia is essential.
For additional general information, see Victim Support Netherlands information for victims.
A hernia can cause serious and long-term complaints. When a hernia is the result of an accident, such as a traffic accident or industrial accident, you often have the right to compensation. Yet, insurers regularly try to dispute this link, for example by claiming that the hernia already existed or has another cause.
At Arslan Advocaten, we have a lot of experience with hernia and back complaints in personal injury cases. We ensure that your complaints are taken seriously and that you receive the compensation you are entitled to.
What is a hernia?
A hernia is a bulge of an intervertebral disc in the spine. This bulge can exert pressure on nerves, resulting in complaints.
Common symptoms
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Severe back or neck pain
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Radiating pain to legs or arms
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Tingling or numbness
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Loss of strength or paralysis
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Problems with standing, walking or sitting for a long time
A hernia can be temporary, but it can also lead to permanent limitations.
Hernia due to an accident
A hernia can be caused by sudden overload of the spine, such as:
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Traffic accident: for example, in a rear-end collision or side collision.
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Work accident: due to a fall, heavy lifting or incorrect posture after an accident.
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Sport or private accidents: where someone else is liable.
Discussion with insurers
Insurers often dispute the link between an accident and a hernia. Common arguments are:
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The hernia would have been present before the accident (wear or degeneration).
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The complaints would not come from the accident, but from an existing back problem.
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The medical complaints would not suit the nature of the accident.
Therefore, good medical and legal substantiation is essential.
Fictional situations: what evidence is needed?
These illustrations are not verified client cases or promises of compensation. Liability, causation and loss must be assessed separately.
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Example 1: An employee developed a back hernia after a fall from a ladder. The employer claimed that the back complaints already existed. The medical history before and after the accident needs examination. Income loss also requires records of work, earnings and limitations.
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Example 2: A motorist developed a hernia after a rear-end collision. The insurer initially refused to pay because the complaints could also come from wear. However, a court may rule that the accident had aggravated the complaints, and compensation may be awarded.
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Example 3: A woman developed a hernia after a work accident and could no longer carry out her work. A legal assessment would examine future income loss, necessary help and any claim for pain and suffering on the evidence available.
Checklist: what to do in case of a hernia after an accident?
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Discuss your symptoms with your GP. The doctor decides whether imaging is needed; an MRI or X-ray is not a routine requirement. Keep existing medical records.
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Keep a complaint and pain diary.
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Collect medical records from your GP, physiotherapist and specialist.
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Document the accident and the circumstances (photos, witnesses, reports).
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Keep proof of loss of income (pay slips, employment contract).
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Contact a specialist personal injury lawyer immediately.
Pain and suffering damages for hernia
In addition to compensation for medical costs and loss of income, pain and suffering damages can be awarded. The amount depends on:
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The severity and duration of the complaints
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The impact on work and daily life
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The victim’s age
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Whether there are permanent limitations
In the case of permanently disabling complaints, the pain and suffering damages can significantly increase.
Permanent disability due to a hernia
A hernia can be so serious that you become permanently (partially) disabled. This often has major financial and social consequences:
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Loss of income: you can no longer do your old job and earn less or end up in a benefit.
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Limited career opportunities: progression opportunities or trainings disappear.
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Future damage: the income loss often extends to retirement age.
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Adjustments in daily life: such as help in the household or retraining.
Fictional situation: a driver with lasting limitations
A truck driver got a hernia after an accident and due to the back complaints, he could never pick up his work again. He was declared completely disabled. The claim would require a comparison of expected income with and without the accident. A disability assessment does not automatically establish the amount of civil compensation.
Cases like this show how important it is to calculate the damage fully and accurately in the case of permanent disability.
Why Arslan Advocaten?
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Broad experience with hernia and back personal injury cases
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Expertise in loss of earning potential and future damage
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Collaboration with medical and financial experts
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Personal guidance throughout the entire process
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Free legal assistance: we claim our costs from the liable party
FAQ about hernia and personal injury
1. How can I prove that my hernia comes from the accident?
With medical reports demonstrating that the complaints started shortly after the accident and are consistent with the circumstances.
2. What if I already had back complaints before the accident?
Even then the accident can be liable, especially if it worsened the complaints.
3. Do I always get pain and suffering damages with a hernia?
If there is pain, limitations or psychological suffering, you are entitled to pain and suffering damages.
4. How long does a personal injury case with hernia take?
That depends on the recovery and complexity. Sometimes months, often years in case of lasting complaints.
5. What happens if I become permanently disabled due to a hernia?
Then a very high compensation can be granted, because the loss of income and future damage up to your retirement has to be compensated.
6. Does the involvement of Arslan Advocaten cost money?
The first consultation is free. Reasonable out-of-court legal costs may be recovered when another party is liable. Court costs have separate rules, and we agree any costs you may have to pay in advance.
Frequently Asked Questions
Can I get compensation if I develop a hernia after an accident?
Yes, if your hernia is directly caused or aggravated by an accident, you may be entitled to compensation. Proper medical and legal documentation is essential to establish the link between the accident and your hernia.
What should I do immediately after an accident if I suspect a hernia?
Discuss your symptoms with your GP, who decides which tests are needed. Keep existing medical records, a symptom diary and evidence of the accident. An MRI or X-ray is not automatically needed.
How do insurers usually dispute hernia claims after an accident?
Insurers often argue that the hernia preexisted the accident or that the complaints are due to degeneration or wear. Legal assistance can help provide the necessary evidence to counter these arguments.
What types of compensation can I claim for hernia-related injuries caused by an accident?
You may be eligible for compensation for pain and suffering, loss of income, household help, home adjustments, and any long-term or permanent limitations resulting from the hernia.
