Can I claim for lost earnings if I’m off work injured?

By Ian Morris | Updated June 22nd, 2023

100 questions have been answered on this subject, why not ask your own?

Accidents can turn your life upside-down. Whether you work full-time, part-time or on a self-employed basis, the professional impact can be huge. Being forced to take time off work with an injury can be a strain not just mentally and physically, but financially too.

If you’ve been injured in an accident that wasn’t your fault, and you’ve lost income because of it, there’s a strong chance you can claim for loss of earnings. This applies regardless of whether you were injured at work or elsewhere.

Claiming for loss of earnings
What sort of evidence do I need to provide?
What if I’m self-employed?
What about future loss of earnings?
What if I’m struggling to pay the bills in the meantime?
What about other losses I’ve incurred?
How long will a claim take?
Your questions answered

If you’re off work due to an injury, you can claim for lost wages as part of your compensation settlement. If relevant, you may even be able to claim for loss of a potential promotion.

It might be that an accident has stopped you from working for a few days or weeks. Alternatively, your situation might be serious enough to prevent you from doing your job for months, years, or even indefinitely.

Whatever your circumstances, and whatever type of injury you’ve suffered, a loss of earnings claim requires evidence. The accident and injury need proof of their own, of course, – we’ll touch on this a little further down – but you’ll also need to verify the earnings you’ve lost.

What sort of evidence do I need to provide?

If you’re employed (rather than self-employed), the simplest way of proving how much income you’ve lost is through your most recent payslips. In many cases, payslips for the three months, or 13 weeks, prior to the accident will be enough, but you may need more. Bank statements can be used if necessary.

In straightforward cases, it’s then a case of calculating how long you’ve been unable to work and how much take-home pay you’ve missed out on. Be aware that the sum you’ll be due will reflect your net monthly pay – in other words, the income you normally receive after tax and national insurance contributions.

Issues such as overtime, bonuses, holiday allowances, pension payments and other perks can all be considered too, so long as you can prove you would otherwise have benefited from them. Where things like overtime are concerned, payslips of colleagues can provide useful evidence to back up your case.

And don’t worry if you work erratic hours or have a variable wage from month to month. It’s often possible to look at previous payslips to come up with a figure that represents your average income.

What if I’m self-employed?

We deal with this question a lot. Although the claims tend to be slightly more complicated, you’re very much still entitled to claim for loss of earnings if you’re self-employed.

You’ll need to provide the last three years’ worth of your verified business accounts (or as close to three years as possible) to show your average earnings. This helps to work out the loss of profit caused by your accident.

Where feasible you should also show evidence of work projects that were in the calendar before the injury, but which became impossible to fulfil. Evidence of this kind might take the form of written instructions from a client, a pre-agreed contract that’s now been lost, or even a dated email exchange.

It’s also helpful to keep a careful record of the days you were (or still are) unable to work, as well as a detailed overview of your financial accounts.

What about future loss of earnings?

Happily, most loss of earnings claims are fairly small. But if you’ve been unlucky enough to suffer a serious accident, your claim might be far more significant. And if your capacity to work is still severely reduced, affecting your long-term prospects, the losses you’re suffering may well be substantial.

In this case, your claim could also include the loss of future earnings. This may also apply if you’ve returned to work, only to find that your injuries have forced you to stop again.

If you’re nearing retirement age, or have been involved in an extremely bad accident, it might be genuinely impossible for you to return to work at all. In this instance, your total losses could include your expected earnings up until the time you were likely to retire.

Most cases of this kind would use the standard retirement age, unless there was strong proof that you were due to carry on working beyond this time. Evidence such as a formal arrangement with your employer would be valuable here.

Self-employed workers can also potentially claim loss of earnings beyond retirement age – but again, a solid argument would be needed to support the case.

What if I’m struggling to pay the bills in the meantime?

If you’ve been forced to stop work for an extensive period, it can be possible to arrange for an interim payment from the insurers of the third party, if that party has admitted liability. In effect, it’s a way of receiving part of your compensation before a final decision has been made.

You’re also entitled to claim state benefits, although be aware that these payments would generally be deducted from any compensation you’re due for loss of earnings.

What about other losses I’ve incurred?

A personal injury claim normally has two parts: general damages and special damages.

General damages cover the pain, suffering and loss of quality of life that you’ve had to deal with, as a result of your injury.

Special damages cover loss of earnings, as well as material expenses such as medical and physio treatment, transport costs to appointments and prescription charges. Other recoverable expenses that fall into this category could include unused gym memberships, missed cultural or sporting events (assuming tickets had already been purchased), and even clothing and personal effects damaged in the accident.

If you’ve had to employ tradespeople to take on tasks around the house that you would otherwise have done yourself, it may also be possible to add these expenses to a claim. Ensure you keep all receipts.

How long will a claim take?

The process of claiming can take several months, so it’s always advisable to get in touch early.

Personal injury claims like this can sometimes seem complicated, but in many cases they’re more straightforward than you’d think. We’ll always advise you on the best course of action for your individual circumstances, to ensure you don’t miss out on the compensation you’re entitled to.

Any other questions? Feel free to ask one below or get in touch for a no-obligation consultation.

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Questions

Read on for questions and advice about claiming...

Hi, I’ve had an accident that wasn’t my fault and ended up with extensive injuries including an amputated right arm upto the shoulder. I was a bricklayer and right handed so my solicitor will be claiming for life long loss of earnings. I’m 41 and my retirement age is 67 but my solicitor said I won’t get loss of earnings upto retirement age. Can you explain why this happens and what am I expected to do for money for the rest of my working years.
Thanks

Generally, claimants cannot claim loss of income for the entire remainder of their working life as there is never a guarantee that any of us will be able to continue in our chosen professions or in secure employment for our entire lives. I agree that this is not a fair outcome, but this is the framework in which claims for personal injury are processed.

As you are 41 and have lost your dominant right arm and hand, the value of your claim for personal injury should be considerable and at the highest possible end of the value range for such injuries. You should also be able to recover a considerable amount of lost income and also future medical and care costs – given the nature of your injury, you may well require home modifications/vehicle adjustments and elements of care, so in the end any settlement you receive should be substantial and include all of these elements.

I should also add that given the traumatic injury that you have had and the permanent loss of your arm, there is a clear likelihood that you would have also had some psychological injury that should be included in the claim – whether that be depression, PTSD etc. Hopefully your Solicitor is already including that, but if not make sure you discuss that with them too.

You should also (separately) make enquiries about any non-means tested benefits you may be entitled to as a result of the loss of your arm and the natural impact that such an injury would have on your independence.

I am self employed and work in the building industry as a bricklayer. I had an accident at work involving a brick trowel puncturing my foot and breaking my bone. I have had 4 days off work and have been told I am going to have another 1-2 months off due to recovery. I was just wondering if I am entitled to loss of earnings claim or injury at work claim?

If your injury was caused as a result of someone else’s negligence or an unsafe working environment, you may well be able to make a claim.

Work as a loft insulator. I went down a ladder a my knee popped. Resulting in a tear of the acl.
I have loss of earnings and unable to use my knee effectively. I highly doubt I’ll ever be able to carry out my job again. Would this be something I could put a case against my employer?

In this case, you would only be able to make a claim if you can attribute the cause of your injury to employer negligence. This could be a lack of training, a faulty or dangerous ladder or as a result of being expected to work in a dangerous manner.

Hi
My dad is a managing director of a white goods engineer business he is all still working on the road as an engineer and that is how he make the money to be able to pay him self. He had a motor bike crash from what he can remember of the crash no one else was involved on the 30th of July and only came out of hospital on the 11th of August. The crash happened because he came around a blind corner and there where police blocking the road on one side due to a car being the round way around on the road, there was no warning on the road before the blind corner to say there was police directly around the corner that could not be see or heard before the corner. He came out to continue his bed rest at home as he has 6 fracture rib a chest fracture, soft tissue damage to his should and some bleeding by his kidney. He will have to be on bed rest for at lest another 2 weeks and he still can’t move his shoulder so own be back to work until end of September at the earliest. He get paid on a salary through a payroll system them tops it up with dividends. He is 61 years old.

My dad has asked me to look into this for him. Can we make the claim without going through anyone and is so how? If not how much would you charge please?

It is sadly unlikely that you would be able to establish that the Police had been negligent. The Police were likely responding to an emergency incident and they may have only been at the scene for a few minutes or even less and the highway code requires that all road users operate in a manner that enables them to stop safely in the event of a road blockage – even if that blockage is not visible due to a corner.

I work as a cleaner and i suffered a fall because the client left equipment on the way. I’m currently on STP. Am i entitled to seek this loss of earnings?

If a walkway has been left obstructed with items and equipment that should not be there, it may well be possible to pursue a claim for personal injury and loss of income claim.

Make sure that the details of your accident at work are recorded in writing with your employer (in their accident book) and that you seek appropriate medical attention to ensure that your rights are protected and any prospects of succeeding with your claim as maximised.

If you’d like to pursue a claim, please call us on 01225430285 or you can start your claim on our website.

I was injured during a football tackle and broke my ankle in 3 places, I’ve since had to have surgery and spent time off work, my work is majority commission based, so I’ve lost out on quite a bit of money. I’ve actually had to go back into work early as I cannot afford to live on what I was being paid. I was wondering if I had a chance of getting any money back?

Football is an activity that carries an inherent risk of injury and although your injury is clearly serious and traumatic, there would not appear to be any party against whom you could pursue a claim.

Had a accident at work fractured my shoulder that was 18months ago, just wondering if I can claim for loss of my earnings? Still off work now had sick pay for 28 weeks then went on ESA.

If you haven’t already made a claim for personal injury compensation, contact us! Our Solicitors can act for you on a No Win No Fee basis and would seek to recover any lost income (including future lost income if relevant) by way of the special damages element of a claim settlement.

Zero hour contract worker injured outside of the workplace. Can the CICA accept zero hour contract as employment for Paragraph 43?

In such cases, the CICA will consider your employment and loss of income. It is likely that they would base any loss of income payment on the 3 month period prior to your injury and the amount of work you undertook in that time.

Hi can you help me in loss of earnings due to my employer free advice has I’m of sick with stress related to work I would appreciate if you could contact me with a reply thanks.

We do have specialist Solicitors who are able to assist with claims for work related stress – this is a No Win No Fee service. If you would like our Solicitors to consider your situation and advise you further, please complete the questionnaire on our stress at work page and return it to us.

I have been of work for 5 weeks.i was exposed to pigeon vicious over a period of time every day. there was masks available but not suitable for the job and were not kept near the infected area. i worked for an agency with this company and was wondering if I could claim loss of earnings, if so where do you start? thanks.

What injury/illness did you sustain and how much has it impacted you? (how long were you unwell for?)

I have now had the letter from my solicitor stating that my claim is worth up to £11,000 and 5 weeks loss of earnings. I have been off work since December but they are saying just 5 weeks lost pay? I have got sick notes for 3 months at a time because I have degenerative issues. So all I will be left thousands out of pocket? It just seems that the older you are don’t have an accident. Can I put a separate claim in against the health and safety procedures the company run?

It is unlikely that you could bring any separate action that would see you able to recover compensation or lost income other than the personal injury claim you are already making. You can report the company to the relevant Health & Safety authorities such as the HSE and seek a review of the workplace practices, but that won’t see you able to recover any lost income or costs.

With regards to your claim, without knowing the contents of a medical experts report or Barrister’s opinion on the same, we can’t comment on the value of the injury. However, the lost income issue is perplexing. If your absence from work (and therefore loss of income) can be fully attributed to the injury you sustained at work, you should be able to recover your loss of income. What is your Solicitor saying about this issue and why you can only claim 5 weeks/1 month of lost income?

I came out of work at Ten at night and it was very icy. I slipped and fractured my shoulder and was off work for 8 weeks, the first 4 weeks of which I was paid but I lost a lot extra hours as it was over Christmas, so I missed the overtime. The next month I got sick pay and I was told that I going to get paid full pay, but I only got SSP for the second month. I still have some pain, but I have to work to be able to pay my bills as my Husband is on the sick.

Where did you slip? If your accident happened on property owned by your employer, we may well be able to help you to make a claim for personal injury and recovery of lost income. As an example, if you slipped on the steps to the workplace that were icy and no salt had been applied and no sign was in place to warn of the risk, you would be in a strong position to hold your employer liable and succeed with a claim.

However, if you slipped on a public footpath it is unlikely that you would be able to establish any breach of duty from the local authority and you would not be able to make a claim.

Please call us on 01225430285 to further discuss your accident and we can then advise you further in this matter.

Hi thanks for the advice you are providing, it helps us to understand whether we could have a potential claim or not. My brother works two jobs, one job is with a fixed contract, the other is a 0 hour contract but with ongoing work. His injury has required him to go off sick with both jobs, does he need to inform the GP that he needs a sick note for both jobs? Or will one sick note suffice for both jobs? As he does not want his medical records to effect his loss of earnings when he tries to claim loss of earning for his second job.

It would be sensible to inform the GP that the injuries are preventing work in two jobs – both the main income and secondary place of work.

I am a veterinary nurse and I was injured at work by a dog that was waking up from its anaesthetic. It struck out and I was hit in the eye. This has led to surgery to repair a retinal tear, retinal detachment and cataract surgery. I have so far been unable to work for 5 weeks so far with only SSP paid after 2 weeks. My sight is still not back to normal and receiving ongoing treatment. It seems a grey area with animals and proving negligence? Can loss of income still be claimed and expenses resulting from the injury if it is deemed an accident with no negligence? By having the cataract done it has left me with no near vision and at the moment due to swelling my far vision is still distorted. This will be reviewed in approx 6 weeks to see if medication has helped. Thank you

You can only make a claim for personal injury – which would include recovery of lost income – if any element of the injury can be attributed to negligence. In this case, it would appear to be an unfortunate incident but we can consider whether you were given the appropriate training, risk assessments and even PPE. Were you wearing safety goggles at the time?

Clearly, you have sustained a serious injury and now have a loss of income issue as well, so if there is any route to pursue a claim, we would like to assist you in finding it for you.

If you do not believe that the employer could or should have undertaken any further steps to reduce the risk of the injury, you could approach them directly to see whether they would allow you to contact their insurers to discuss a possible personal claim for recovery of lost income.

Can i claim lost earnings due to not being able to use my vehicle to go to work?

If the reason that you cannot use your vehicle to attend work is due to injuries sustained in an accident that was not your fault, we can have our Solicitors pursue a claim for personal injury compensation and recovery of lost income on a No Win No Fee basis.

If you would like further help, please contact us on 01225430285.

I’ve been involved in a car accident over a year ago and have not fully recovered. The other party has admitted liability and I’ve been off work sick 3-4 for times whilst on medication and injury related problems. I may be dismissed under ill health reasons which is because of the injuries I had as a result of my accident. I earn approx £2500 (net) per month. Should I lose my job and be unable to find another job say for 2 years, can I claim this as loss of earnings?

In a case where a claimants injuries cause them to lose their job through grounds of ill health caused by the injuries sustained in the index incident (accident), the claimant may seek to recover loss of income both for any periods of unpaid absence during their employment and for the period after they lose their income because of their injuries.

I had been put on furlough for a couple of months before my accident at work. My normal days off are Friday and Saturday, but because we were short of staff as most of us had been furloughed, I was required to go in to work on the Saturday that week. At work I had a fall which was my own fault. I had a comminuted knee fracture for which I had an operation to fix. I’ve been off work now for three and a half months, trying to manage on SSP, and there is no sign of me going back to work yet as my knee is still healing. Any help or advice that you could give would be very helpful……kind regards

As the accident was your fault, the employer has no liability and is therefore not liable to compensate you for your injuries or losses.

You may wish to speak to the employer to see if there is any prospect of undertaking lighter duties or work in a different role that would not impact your knee injury or recovery, but at least allow you to earn an income in the interim period.

I work as an employed landscape gardener, whilst being at a customer’s garden, I slipped on slippery flagstones and fell on my hand hurting my wrist/thumb.
I wrote it in the accident book and after a few days went to see my GP as it did not get better. He advised me to see a physio who then advised on X-rays, long story short, I was referred to a hand specialist who did 3 cortisone injections over 12 months- with cancellation in between.
Those hardly worked so I have been working in pain since October 2019 and reduced my hours/ pay because of it.
I have now had to have a trapeziectomy (removing a bone between my hand and my wrist) which involves weeks without working, unpaid. I am paid the basic SSP by my employer but nothing else and have to claim on my personal accident/sickness insurance which is only covering part of my wages.
Can I claim for my loss of earning for the past year and the time I have to be off work until my hand has recovered enough to be able to resume my duties as a gardener?

You can pursue a claim for personal injury compensation – which if successful, would enable you recover settlement for your injuries and also recover the difference between any payment you would normally have received and the income you have obtained.

In this case, the claim would be against the property owner directly as it would not appear to be a claim against the employer.

In Jan 2020 I received a shoulder injury as the result of a car accident. The other party admitted fault. Following the accident I was unable to carry out my normal role at work, and I was given a part time admin role. The injury has still not healed, and I am currently awaiting an MRI . I have today been given four weeks notice by my employer. I am 51 and with the uncertainty of the diagnosis on my shoulder feel that I am going to struggle to find a job as good as the one I had. If I have to take a job that pays significantly less, or indeed struggle to find a job at all, will I be entitled to loss of future earnings ?

I assume you already have a Solicitor acting for you in a claim for personal injury compensation? If not, please contact us so that we can help you.

If the loss of your job can be proven to be the injury sustained and not because of issues facing the business, your Solicitor should be able to recover loss of income for the period to date and also for some future period too. Your Solicitor may also be able to demonstrate that your employability has been impaired by the index incident and if so, obtain an element of damages to reflect the harder time you’ll have earning as you would have if you had not been injured.

I work for an agency and i have become injured while carrying out regular duities, my hernia has flared up and i can no longer work, can i claim for compensation for pain and suffering and loss of earnings?
The condition was diagnosed in September, the Dr said carry on doing your normal job so i did, now i cant work.

Whether you are an agency worker or a full-time permanent member of staff, you have the same rights as any employee and you can pursue a claim for hernia injury compensation if you believe that your injuries can be attributed to employer negligence. We assume that your work was physical in nature. As such, were you given adequate manual handling training by your employer? Were you expected to lift items exceeding the safe lifting limit?

Dear Mr Morris
My son was in a car accident on Monday evening and has broken his collar bone that is being operated on tomorrow. The police attended and agreed it was just an unfortunate accident. He has a claims form to fill in and my question is having been offered a job in the removal s industry that was going to start 15th March can he now claim for loss of earnings as well as the injury? I don’t think he will be able to return to work for 4-6 months.
Kind regards
Michael

I hope your Son makes a speedy recovery from the injuries he sustained in the car accident and that his surgery goes well.

We would be more than happy to help your Son pursue compensation for the physical pain and discomfort caused by the injury he has sustained. Loss of income can be recovered via the special damages element of a claim and our Solicitors would seek to recover his loss of income and incurred costs on a No Win No Fee basis to ensure that he is not left out of pocket.

Injury at work they accepted liability. Nearly two years. On sick leave no pay. Injuries ongoing. Been offered light duties a new job role. If I accept this part time new job does that have any affect on claiming previous loss of earnings under old job role.

Accepting a new role should not impact any claim, but you should discuss the potential future change of income with your Solicitor before you accept the role.

If the new role has a lower salary than the previous role, your Solicitor will need to consider whether they can recover the difference between the new and previous salary in your special damages claim.

I had a trip on uneven walking surface on a building site. I am employed as a lift engineer, the injury I have had will not allow me to return to my old role. I have been offered a different role but it is half the salary, can I claim future loss? If so how is it calculated?

If you make a claim for personal injury compensation (which given the description of the incident is certainly a possibility) your claim settlement would include compensation for the injuries and also enable you to recover previous and future loss of income – if successful.

If your injuries leave you unable to return to your previous role and you suffer a loss of income, the difference between your previous income and new income will be calculated to the full allowance and that would be included in your claim settlement via the special damages element of the claim.

Hi appreciate some advise please.
My dad was in a serious accident breaking both arms and hurting his leg and back . He hasn’t been discharged as yet from the hospital.
He is unable to move his arms properly and is having physio etc.
His insurance company have already made a payment . They are saying his insurance cover does not cover him for loss of earnings and have only in quick succession made a payment for broken bones. Also the time he spent in hospital. This doesn’t sound right as he’s unable to work and not sure how long he will be off work.
Also the extent of the injuries he’s not able to lift or move his arms as before.
Would really appreciate some advice please.

What insurance cover is paying your father for his injuries? How and where was he injured?

He may not have loss of income cover on whatever insurance he is claiming from, so it could be that he’ll have to make a separate personal injury claim to recover loss of income during his long-term recovery period.

Can you still claim a loss of earning if you have a second job?

If someone is unable to work due to an injury caused by someone else or due to the negligence of a 3rd party, the injured person can make a claim for personal injury compensation. The claimant can recover compensation for their injuries and also recover any loss of income or out of pocket expenses related to the injuries caused in the index incident at the head of their claim. If a claimant had 2 jobs, but can work neither, so long as they can demonstrate that they would have continued to earn the incomes in normal circumstances (if they had not been injured), the can recover the loss of income incurred whether that be from 1 job, or 2.

I had an accident at work in sept 2019 where I was lone working in a hotel, I had to go into the kitchen but there was a delay in the automatic lights switching on and I slipped on a leaking oil trap, badly injuring my back. I did not go back to work due to the pain and inability to walk straight, lift or drive. In February 2020 due to a break down in communication from my employer – they stopped replying to my emails and would not answer my calls – I felt so uncomfortable about my employer that I resigned. I have recently received an assessment from a back surgeon who told me it will take around 18 months from the date of the accident to recover enough to be able to return to employment. Can I claim compensation for loss of earnings for the whole 18 months or just Sept 2019-Feb 2020? If the accident had not occurred I would happily have stayed in employment with the company.

Whether or not you can claim loss of income for the whole period is unlikely as you have chosen to resign – whilst you may well have had legitimate reasons for doing so, the employers insurers will likely argue that you have partially caused your own loss of income. That said, our specialist Solicitors will always attempt to maximise a claimants settlement in terms of legitimate entitlement.

However, you can make a claim for the injury and the long term problems caused to you as a result of slipping on the oil leak.

I cut the top of my right index finger off. My employer said that I could come and work on light duties. Would I be able to claim against the employer for lost wages?

Given the severity of the injury you have sustained at work, you have every right to make a claim for accident at work compensation. We can help you with this and our specialist Solicitors are experts in pursuing claims against employers insurers to recover compensation for an injury and also to recover any loss of income or other costs caused by the accident or injury at work.

Please call us on 01225430285.

I spoke to you last time about my loss of earnings being around 9k and my case going to court because the third party are not agreeing to pay although liability has been admitted. My case was originally scheduled for 28/08/2020 but was adjourned due to the court not expecting our case hearing for that day. It is now being rescheduled. My solicitor is now advising me that in the medical loss of earnings is not mentioned and due to that it may not be recoverable. However I have GP sick notes from the date of my accident til the time I was off work. What is your view of this? Should my loss of earnings still be recoverable?

As long as you can demonstrate your usual earnings (providing payslips/bank statements) and the loss of income in the period where you cannot work, your Solicitor should be able to recover any qualifying loss of income.

I work in Sainsbury warehouse. I was using a forklift to lift a pallet. The pallet was not organised properly as the toilet roll was placed at bottom and drinks were on top. It fell on my thigh and caused my ankle to twist. I have been off work for two week. I am getting one third of my salary while I am off from work. I had online physio consultation from the insurance company. Do you think I am eligible to claim full salary since the accident happened at work ? This incident happened before but no one was hurt.
Please advise?

Thank you

My initial view is that you should make a claim for personal injury compensation to recover your lost income and also compensation for the injury caused to you. The loading of the pallet that you describe indicates that there was negligence in this matter and as the incident had happened previously (albeit without injury), the employer should have ensure that this didn’t happen again.

We can help you make a claim for personal injury compensation on a No Win No Fee basis and doing so does not affect your employment rights in anyway.

I have a Car accident claim going on and i have been advised to accept an offer, in the loss of earnings section it states an amount and says next to it to be paid to me and my employer? does this mean this amount is split equally between us both i am a bit confused to this part

If an employer has incurred costs as a result of the negligence that caused your injuries, in theory they can recover their loss in your claim also. However, they cannot recover monies due to you.

As an example, if your employer paid you in full whilst you were off work and your Solicitor was able to recover that pay, that would be money for your employer and not you – as you cannot expect to be paid twice.

I suffered a back injury at work and the consultant I saw has said the injury will prevent me working for 2 years. I tried to claim for loss of earnings but according to the lawyer I spoke to, i cannot due to receiving full sick pay I didn’t have any loss of earnings. HOWEVER….the consultant meeting happened and then 2 months later I was retired from my job and have been unemployed since. So am I right in thinking I should be able to claim loss of earnings since then? i assume the company I spoke to didnt realise I was retired shortly afterwards and assumed I was still employed.
A reply would be fantastic thank you

If you were left unable to work as a result of your injuries and lost your job as a result, you should be able to recover loss of income for the period in which you cannot work.

I bumped my knee on a trolley that was left behind me whilst working. I wasn’t aware that there was a trolley behind so as I turned, the impact was strong enough to make anguished in pain for a few seconds. It was only after 2 days of the incident that my left knee started to swell badly. I called my employer to inform them of my situation and the reason behind it. I didn’t report the accident as I was able to work after what happened, even the day after.
My prognosis is complete rest. Can I claim compensation to my employer on loss income/wages?
Best regards.

Whilst you could potentially pursue a claim against the employer, the lack of any evidence to demonstrate that the injury happened at work (no accident book), could make it very difficult to place the claim with a Solicitor on a No Win No Fee basis as it will be hard to ‘prove’ any employer negligence. If the employer is unwilling to make an accident book report, do you have any witnesses who can confirm that the incident happened?

There were few people who witnessed it and it also happened in front of our cctv. I didn’t report it as I was able to continue working after a few minutes but then my knee swelled after 2 days.

If the CCTV footage has been retained, there is evidence to support a possible claim. Without the CCTV footage, you would struggle to make a claim.

Hi. I was asked to help someone in the factory. Some heavy timber fell off a trolley and broke 5 bones in my foot. No fault of my own. I was in a cast and off work 3 months. I was not paid for the first week and also lost all my regular overtime the rest of the weeks. Lost my 6 monthly bonus. Am I entitled to claim the losses back?

Under UK law for such an accident in the workplace, you would be able to make a claim against your employers ’employer liability insurance’ policy for the injuries sustained and also to recover any loss of income or incurred medical costs.

Please call our team on 01225430285 if you would like to further discuss making a claim.

I had a fall at work and my employer didn’t pay me wages for that 1 day I was off , I have now filed a personal injury claim but not filled in loss of earnings bit yet and my employer has now asked for a self certified sick note some 11 days after the accident so that he can pay me for that 1 day. Can I do this or do I just include it with my claim?

You can include it in your claim but there would be no harm in providing the self-certification and getting the missing days pay at this stage. It would not affect your claim by doing so.

Hi, I ruptured a ligament in my knee at work clearing up materials and resulted in having 3 weeks off. I didn’t report it in accident book because I put up with the pain for a few days at work thinking it would just go away. The pain got so severe I saw a docter, got an mri. I have doctors notes and mri results. Can I claim loss of earnings for the 3 weeks ? Thanks

Under UK law, the only way you could make a claim for loss of income would be by making a claim for personal injury compensation against your employers ’employer liability insurance’ cover and succeeding with the same.

In this case, a claim would succeed if the injury to your knee can be directly attributed to employer negligence. Therefore, if you have not received adequate training by your employer or you were not provided with the right equipment or personal protective equipment (PPE) you may well be able to succeed with a claim and should contact us to take this further.

My partner suffered an injury at work. He was opening a skip, a metal bar sprang back knocking a tooth out and fracture to jaw. He has been signed off for 2 weeks but may need more. He should get SSP. Apparently the skip had been closed incorrectly causing the accident, not by my partner though. The employer is generally good and fair, and does adhere to health and safety. We wondered if might be eligible for compensation, just to cover loss of wages.

At face value, the description you have given of your partners accident at work and the injuries he has sustained would indicate that he has a valid claim for compensation – both for the pain and discomfort of the injury, but also to cover medical (dental) treatment (which could be very expensive given the loss of a tooth) and for any lost income.

Sadly, the only way your Partner can make a claim for loss of income is to make a claim for personal injury compensation. If successful – which at this stage, we would expect to be the case – your partner would then be able to recover the difference between the SSP payments he receives and the usual income he would have otherwise received.

I have had an injury at work. In mid February I had my right hand crushed. I have had 2 operations and due a 3rd operation on the 3rd of June. My earnings immediately went to half and now this morning been told is now dropped significantly to a quarter of my usual earnings a month. I am frustrated to be in this situation and now I am fretting and worrying like I have never because of this hammer blow

I live by myself so bills will be due very soon and I am going to be cornered because of the financial situation this will cause. I am considering selling things to help with some cash flow just to get some food in and help with the travel costs to Norwich hospital (that I have been making nearly every week) to have my injury assessed. Not sure what you think or can do in my situation, I am starting to feel trapped and anxious on top of my injury.

Your loss of income caused by your nasty injury at work is something that can be resolved in the long term, by making a claim for compensation. If you were to succeed with a claim, you would be well compensated for the nasty hand injury and for the future impact that this will have on you, as well as recovering any lost income or incurred costs.

Coping with a loss of wages after an accident work is a very common stress that our claimants discuss with us. Sadly, there is no obligation on employers to pay staff their salary whilst they are off work due to injury or illness – even if that was caused in an accident at work. That you have received half pay and now quarter pay clearly shows that you are losing income.

Your rights in this regard are to make a claim for compensation for the injury you sustained at work. Whether or not you have a valid claim is not something I can say for certain at this stage because I don’t know how or why your hand was crushed. However, you clearly have a very serious injury given that you’ve already had 2 surgeries and await a 3rd.

We would very much like to speak with you to find out more about your work and your accident so that we can advise you and if appropriate, place your claim with our specialist Solicitors in order that they can pursue your claim for compensation and also recover any lost income caused by this accident.

I had a slip on new flooring at work back in October 2018. As a result of this I injured my back causing me to have several weeks of work. I visited my doctor who advised me to take time off to recover and also went in to see our occupational health nurse at work after a request from our HR department, who also said I should take a further 3 weeks off for time to recover from my injury, and that he would inform the company of his decision. During my time off I also came in to see the works physio twice who on first visit wouldn’t do anything as at that time I was waiting to have an x-ray on my back and second time did nothing because he said he didn’t have time. I visited our occupational health nurse again after returning to work earlier than expected as I didn’t renew my absence from work note from my doctor as i felt better at that time, our occupation nurse put me on reduced hours and stated that he would Email managers and state that i should only do light duties also for this period. From the moment i returned to work i was back on normal duties as if nothing had happened, this caused a lot of discomfort and pain during work hours for another few weeks, through all this i was only paid sick pay for the time i was off and did not receive full pay after an accident at work, I was told by our senior HR representative that i only received sick pay because i brought in a sick note from my doctor, after i explained that i was off after an accident at work and not off sick he just stated… but you brought in a sick note!! There was 2 witnesses that heard me fall and saw me get up and also another colleague that had slipped on the same floor but didn’t report it. Many have said that I could put in a claim for loss of earnings, damages etc. I would just be happy with getting back loss of earnings from this if possible, after all.. if I hadn’t slipped at work causing the damage in the first place i would of been at work and not lost any pay. Is there anything I can do?

Whether you are off work through an injury or illness caused at work or due to any other reason is irrelevant in UK law. Employers are not required to pay usual salaries to any employees who are off work through injury or illness – unless they opt to include such benefits within their contract of employment. Unsurprisingly, most employers in the UK opt against providing full salary during ill health and as a result, for people who are injured in an accident at work it is common for a loss of income during the period of absence from work. Indeed, the only route most UK workers have to recover lost income after an accident at work is through claiming compensation. However, to recover lost income one must succeed with a claim for accident at work compensation.

In your case, you may have a valid claim against the employer if it can be demonstrated that the cause of your injury was negligence. You mention that you slipped on a new floor surface. What caused you to slip? If you are of the view that the floor was excessively slippery and dangerous, we would need to show that the employer either knew of this slipping risk and failed to act upon it by providing warning signs or safety matting or that they failed to assess the risk. Do you know if anyone else had slipped on this floor? Do you know if the employer has done anything since your fall to try to make sure that this won’t happen to anyone else?

I am out of work for the last 6 months with work related stress, can I claim my lost of earnings from my company?

Work related stress claims are notoriously difficult to pursue successfully. Indeed, to succeed it is vital that the employers were aware of genuine stress and concern BEFORE any period of serious absence began. If the employer was not on notice of your situation before it became chronic, they are likely to avoid any liability as they would simply say that they did not know that there had been any issue and that they’d had no opportunity to resolve it.

I had an accident at work 6 months ago and didn’t know at the time I would need an operation and leading to loss of earnings. Is it too late to claim?

A period of 6 months between an accident at work and making a claim is nowhere near to being too late. It is not uncommon (particularly when the full extent of an injury is not known or appreciated) for a claimant to not make a claim immediately.

We would be very happy to help you with your claim.

I had an accident at work where I crushed my right index finger which was treated with an operation to put a screw in the finger, the bone would not heal so last week I had to have the tip of my finger amputated. I am unable to do my job but have been told I can only get ssp which is not covering my bills. Is there anything that I can do?

You can pursue a claim for compensation after the injuries you have sustained in this accident at work. If the cause of the injury can be attributed to a lack of employer training, or employer negligence – such as a failure to provide the correct safety protections you would be able to claim compensation for the damage to and loss of the top of your finger as well as recover all lost income caused.

Injuries to the fingers can lead to substantial settlements in claims for personal injury compensation. As you have lost part of the finger, you have lost part of your dexterity and grip strength. As such, a permanent injury and one that will impact your day-to-day ability and is likely to affect you at work. Therefore, it is important that you are provided with expert specialist legal representation – something you can be sure of with Direct2Compensation.

Hi I have been dealing with mental health problems and recently at work I was threatened with violence, on more than one occasion I reported to my boss who ignored the situation after a few times of this happening. I made a formal complaint about the boss and the person involved with making the threats, due to stress I was signed of work and put on statutory sick pay, can I claim back my wage due to this being out of my control?

The scenario you describe does not fit the criteria for a personal injury compensation claim. However, you may well be able to take some action if employment law has been breached. As such, we would strongly advise that you make contact with a specialist in employment law to discuss this matter.

Hi,
I have currently a claim for loss of past and future earnings against a big chemical company after developing an allergy at work due to their negligence.
My solicitor calculated my past and future loss of earnings, but I’m not happy with this as he said if at one point in the past if I got to earn more then at the chemical company there is not anymore a case of loss future earnings. I’ve explain him that indeed I’ve earned more for a certain period of time but is not the case anymore. from 5 months ago my wages are again low.
can I claim for future loss of earnings in this case?

Without having full sight of the information it is clearly not possible for us to provide a qualified view. However, if the health problems you have sustained in your previous work have lead to a loss of income in the past and future, you should be able to recover the difference between your current/future income and what you had expected to receive.

Last year whilst working on a machine for maintenance it toppled over. I instinctively reached out to stop and resulted in a partial rupture of my left Bicep, due to the injury I was off work for four months receiving only SSP the loss of earnings meant spending all our savings on Mortgage repayments and household bills. Would I have a case to reclaim my lost earnings?

You could recover your lost income and costs incurred, but only if you are able to succeed with a claim for workplace injury compensation. To succeed with such a claim, you would have to demonstrate that the cause of the injury (and therefore the cause of your losses) was down to negligence from your employer or someone else. For example, if you were not adequately or correctly trained to use the machine you were working or if the machine toppled because of a defect in the ground, or a hazard that should not have been present.

Hello, I had a accident in work almost 7 years ago now In which I made a claim. My work admitted liability and I was paid out on a injury lasting for 4 years. On this claim I didn’t claim for loss of earning as when I had the accident I was off for 3 weeks which they paid me for. Now, I still have that back injury, and I have had a lot of time off. Can I claim for loss of earnings? I’m losing too much money as I’m taking weeks at a time off. I only get SSP. I would be grateful if you could advise me. Thank you.

Unfortunately, our view is that you cannot return for an additional settlement to cover the loss of income you are now sustaining. When your claim was settled previously, the settlement would have included loss of income and estimated future losses, on the basis of medical expert opinion.

Sadly, the law does not allow you to return for additional compensation years after accepting a settlement.

Can you claim for loss of earnings after leaving your job that you had previously injured yourself at. Resulting in needed an operation to fix and being signed off sick for 3 months?

When any person succeeds with a personal injury compensation claim, they can seek to recover a settlement for their injuries and also a separate claim for loss of income and expenses – known as special damages.

Whether or not you will be able to hold the employer liable for your future loss of earnings in your situation is impossible for us to tell at this stage. Have you already started a claim for the injuries you mention? If so, you should discuss your loss of income with your Solicitor. If not, we can get our specialist Solicitors to look in to this for you.

I was injured at work and also lost earnings. I was advised by many staff to claim for loss of six months of earnings after I had resigned.

Now I am wishing to go back and work at the same place. However, I wonder if the fact that I had claimed for loss of earnings, can they make it difficult for me not to be employed by them?

There is no legal or legitimate reason that the employer could use to treat you unfairly or discriminate against you at work, simply because you exercised your legal right to make a claim for compensation after being injured at work.

I have had a fall at work and I am wondering where I stand. I work for a agency and went to my work place, it had been snowing and was extremely icy. I slipped on the ice due to it not been gritted at all. I attend hospital and have to rest my arm for 5 days, it’s in a sling, when management was asked why it hadn’t been gritted the answer was to save money. I will need a few days off work and won’t be getting paid, can I claim loss of earnings?

Lynn

I am sorry to hear about your injury. Having spoken to many people in your situation over the years, we understand that the pain and discomfort of an injury like yours is made all the worse when it transpires that you will also be out of pocket due to lost income.

Claiming compensation after slipping on ice or snow is not always a straight forward process because ice and snow is known to be slippery. However, when it happens in the workplace it can often be an easier process. The fact that your employers (even though you are working via an agency) have decided to save a few pounds by not spending money on gritting or salting the area could make them liable for your injuries.

We would definitely be happy to help you try to make a claim for injury compensation against the business where you were working. As with all accidents at work, it is important to ensure that you have reported the details of your accident to both the business where you are working and the agency who have placed you there.

Whilst loading beds on to a transit van the portable ramp slipped from the top step to the second step which resulted in a hernia developing. i am currently out for 4 weeks whilst awaiting surgery and then off for an undisclosed length of time for recovery. Due to the nature of my work, i am not able to return to work for light duties. i have been told i will be paid ssp but this doesn’t even cover the rent, let alone other bills….

I only want my loss of wages covered, so i don’t get into debt.

Daniel

I am sorry to hear about your situation. Sadly, having to cope with the stress a temporary loss of income is a common thread we hear from people who, like you, contact us after an accident at work.

You could certainly make a claim for accident at work compensation – this would be against your employers insurance (employers liability insurance). Any claim (if successful) would enable you to claim a level of compensation to cover the pain and distress caused by your injury, but more importantly allow you to reclaim any lost income. You should certainly note any loss of income and keep a record as this would be used in your claim to enable you to claim special damages (lost income and costs).

It is important to make sure that the details of your accident and the cause of your injuries (the faulty ramp) within your employers accident book. If this has not already been done, you should contact your employers at the earliest opportunity to report your accident correctly. A good way of doing so is to email them outlining the details of your situation. You can then keep a copy of your record in your ‘sent emails’ folder for future reference – this could be very helpful to any future claim for compensation.

We would certainly be keen to assist you with a claim and can link you up with the right specialist injury compensation solicitor. May I direct you to follow this link: where you can submit a claim enquiry with more information so that we can contact you to help you get your claim up and running.

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