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Claiming for Loss of Earnings if an Injury Leaves You Unable to Work

By Ian Morris | Updated July 31st, 2024

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Quick Answer: Yes, you can claim for lost wages as part of your personal injury compensation settlement if you’re off work due to an injury caused by someone else’s negligence. This includes potential loss of future earnings and even missed opportunities for career advancement.

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 lost wages. This applies regardless of whether you were injured at work or elsewhere.

Here we explore how to claim for loss of earnings, what evidence you’ll need, and how to maximise your compensation.

Types of Loss of Earnings Claims

Short-term loss of earnings: For injuries causing a few days or weeks off work
Long-term loss of earnings: For injuries resulting in months or years of inability to work
Loss of future earnings: For injuries affecting your long-term earning capacity
Loss of overtime or bonuses: For missed opportunities to earn additional income
Self-employed loss of earnings: For business owners or freelancers who’ve lost income

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.

Evidence Required for Loss of Earnings Claims

For Employed Individuals

Recent payslips (typically for the 3 months or 13 weeks prior to the accident)
Bank statements
P60 forms
Employment contract detailing salary and benefits
Statement from your employer confirming time off and lost wages

The simplest way to prove 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.

For Self-Employed Individuals

Tax returns for the past 3 years
Business accounts
Invoices or contracts for work you were unable to complete
Bank statements
Accountant’s statement

Although the claims tend to be slightly more complicated, you’re 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.

Calculating Loss of Earnings

Your solicitor will typically calculate your loss of earnings based on your net pay (after tax and national insurance). The calculation may include:

Basic salary
Overtime payments
Bonuses
Commission
Pension contributions
Other work-related benefits

For those with variable income, an average may be calculated based on previous earnings.

Claiming for Future Loss of Earnings

If your injury has long-term effects on your ability to work, you may be able to claim for future loss of earnings. This could include:

Reduced earning capacity due to disability
Inability to return to your previous job
Need for retraining or career change
Early retirement due to injury

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. 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.

Impact on Benefits

Receiving compensation for loss of earnings may affect your eligibility for certain benefits. It’s important to seek advice on how a compensation award might impact your specific situation. Some benefit payments would generally be deducted from any compensation you’re due for loss of earnings.

Interim Payments

If you’re struggling financially while your claim is ongoing, or you’ve been forced to stop work for an extensive period, you may be able to request an interim payment. This is a partial payment of your expected compensation to help cover immediate expenses – a way of receiving part of your compensation before a final decision has been made.

Other Financial Losses You Can Claim

In addition to lost wages, you may be able to claim for:

Medical expenses
Travel costs to medical appointments
Cost of care or assistance at home
Modifications to your home or vehicle
Loss of pension contributions

Other recoverable expenses 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.

Maximising Your Loss of Earnings Claim

To ensure you receive full compensation for lost earnings:

Keep detailed records of all time off work
Document any missed opportunities for overtime or career advancement
Gather all relevant financial documents promptly
Be honest and accurate about your earnings and time off
Consider the long-term impact of your injury on your career

Claiming for loss of earnings is an important part of ensuring you’re fully compensated for the impact of your injury. While the process can be complex, especially for those with variable income or self-employment, a skilled personal injury solicitor can help you navigate the claim and maximise your compensation.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, . After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

Frequently Asked Questions

96 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

I injured my back during a manual handling training course at work . I was under the supervision of a trainer and when another person on the training course and I had to lift a large weight together but unfortunately the other person didn’t lift his side . I had immediate pain in my back and I was sent home from the course and a dr signed me off sick for 14 days . I have just been told that I will only get paid ssp and now am struggling to pay my rent . Can I make a claim ? I work as an ambulance patient transport driver .

You can certainly make a claim for compensation as a result of the injury you sustained at work. There are questions to be asked of the training provider as to whether they provided adequate supervision and guidance and whether the person tasked with performing the training lift with you had properly understood the instructions being given to them.

If we can succeed with a claim, you would be compensated for the painful injury that you sustained and also able to recover the income that you have lost through no fault of your own.

Hi I’ve suffered a shoulder injury and need at least 4 weeks off work but I’m bank at the hospital working as a cleaner can I claim anything being bank ?

If your shoulder injury was caused through your work, we can certainly help you to recover lost income and compensation for the injury that you have sustained. Whether you are bank staff, permanent, part time or casual staff, you have the same rights to compensation. Please call us on 01225430285 for further help.

I have 2 jobs – I am employed full time but as a result of my accident my employment has been terminated by failing to pass my probation. My second job is a start up estate agent. I have clients, business is going reasonably well but as a result of my accident I lost instructions and potential business. I’m not sure what i can claim for and it’s causing a great deal of stress as I am unable to actively look for alternative work currently and I’m not sure how I can justify the loss of job or loss of earnings from my business?

The first issue we need to address is the accident you had an what happened. If we know what happened, we can advise as to whether you have valid grounds to hold someone liable and therefore succeed with your claim. If you do have a valid claim, instructing a specialist personal injury Solicitor to act for you – as are all of the Solicitors who work on Direct2Compensation client files, your prospects of succeeding will be maximised. This will also ensure that the losses that you have incurred financially will be recovered where possible. Medical evidence will support any argument as to whether you could have worked or otherwise and then it will be an argument about how much of the financial losses can be recovered from the defendant. In terms of the self-employed work you have lost, that may be harder to prove, but if you have email streams, correspondence copies of work that was due to be done but that you could not then act on, it should be possible to reach an agreement on that issue too.

If you would like further help with this matter and want to discuss your accident and potential claim for compensation and recovery of your lost income or costs, please call us on 01225430285 or use our website to start a claim with us.

As a contractor, I had only worked 6 weeks before the accident. I had a 12 month contract, can I still claim loss of possible earnings or do I need to have worked at least 3 months before I have a claim?

You do not have to have worked for more than 3 months – your right as a claimant are immediate and if the injuries sustained can be shown to have caused a loss of income, that income should be recoverable.

If you would like to make a claim, please call us on 01225430285 or use our website to submit a call back request to get further help.

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.

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.

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 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.