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

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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.

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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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Comments & Questions

Read on for questions and advice about claiming...

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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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.

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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.

Ian Morris

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.

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

Ian Morris

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.

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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.

Ian Morris

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.

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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.

Ian Morris

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

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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?

Ian Morris

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?

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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.

Ian Morris

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.

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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.

Ian Morris

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.

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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

Ian Morris

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.

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

Ian Morris

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.

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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?

Ian Morris

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.

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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

Ian Morris

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.

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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?

Ian Morris

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.

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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 ?

Ian Morris

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.

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