Unable To Work Due To An Accident – Can I Claim Compensation?
By Lewis Cobain. Last Updated 13th July 2023. If you have been unable to work due to an accident that left you injured caused by a negligent third party, you may be eligible to make a personal injury claim.
This guide will explain some of the relevant criteria, including the legislation relevant to certain types of claims and the time limits in place for seeking compensation.
We will also discuss evidence that may help prove the validity of your case. Furthermore, we will explore how compensation is calculated in a successful personal injury claim.
If you were unable to work due to an accident which resulted in an injury you may be wondering whether you can claim compensation for the injury as well as any lost earnings due to being unable to work. This guide will talk you through the different damages that you can be compensated for so that you can be put back in the financial position you were in before the incident took place.
Additionally, advisors are available if you’d like to ask questions directly to our team. They can provide insight into the validity of your potential claim. What’s more, they may be able to put you in contact with our No Win No Fee solicitors, who could help you claim. Find out more today:
Select A Section
- Can I Claim If Unable To Work Due To An Accident?
- Claiming For Lost Earnings And Income
- Proving Your Loss Of Income Or Earnings
- Can I Make A Loss Of Earnings Claim For Future Losses
- Estimating Compensation For Personal Injury Claims
- Contact Us If You Were Unable To Work Due To An Accident
- Learn More About Personal Injury Claims
If you are off work due to an accident that led to an injury caused by third-party negligence you could be eligible to pursue a personal injury claim. Third-party negligence consists of those who owe you a duty of care being in breach of this said duty. Road users, employers and those in control of public spaces owe a duty of care. We explain this further in the next sections:
Claiming For Employer Negligence
In accordance with the Health and Safety at Work etc. Act 1974, all employers owe a duty of care to their employees. This means they must take all reasonable steps to safeguard their employees’ health and welfare while at work. It may represent negligence if an individual is injured because they breached this duty in the workplace.
To illustrate, an employer’s responsibilities include:
- Providing employee training.
- Providing personal protective equipment (PPE) to help protect against risks that cannot otherwise be mitigated.
- Ensuring the work environment is reasonably safe, practicable, and adequate.
If you’ve been injured in an accident at work, you can find out more about claiming compensation here.
Claiming For Occupier Negligence
The Occupiers’ Liability Act 1957 determines that the entity or individual controlling a public space, known as the occupier, owes a duty of care to the public using that space. According to this legislation, the occupier has a duty of care to take steps that ensure the reasonable safety of individuals using the space. For instance, public park accident claims could occur if play equipment is not installed correctly and children are injured as a result.
Claiming For Driver Negligence
Thirdly, the Road Traffic Act 1988 stipulates that all road users owe one another a duty of care. If a driver acts negligently and causes an accident, such as by driving faster than the speed limit, you may be able to claim against them for the injuries you sustained. You can also check The Highway Code for various rules of the road, some of which are backed up by law.
Driver negligence could lead to:
- A taxi accident
- A motorcycle accident
- An HGV accident, which could involve a lorry or other heavy goods vehicle
Speak to our advisers for more information about claiming against a third party who breached the duty of care they owed you. For instance, they can tell you more about public liability claims.
Time Limits To Claim If You Are Unable To Work Due To An Accident
There are some exceptions to this time limit. Contact our team of advisors to learn what these are and if your circumstances qualify.
Personal injury claims provide a way for those harmed by negligence to claim for specific financial losses. If your claim succeeds, you may be awarded a head of claim called special damages. This could help you recoup:
- Loss of earnings, both past and future if you are unable to continue working
- Specific medical treatments required for your recovery
- Travel costs related to the injury, such as attending physiotherapy
In order to claim special damages, you must provide evidence of the losses you experienced. We’ll discuss this further in the next section. For now, though, speak to our advisors to learn more about the losses you may be able to claim for.
In order to claim for a loss of income, you must provide evidence of the financial loss. For instance, you could provide:
- Payslips for 3 months before the accident and 3 months after
- Bank statements
- Evidence of lost overtime, pension contributions, a lost bonus, and/or holiday allowance
Other pieces of evidence could help support your personal injury claim as a whole. For your claim to succeed, you must show how a party breached the duty of care they owed you. This could include producing:
- CCTV or dashcam footage of the incident
- Your medical records
- Contact details for anyone who witnessed the incident
If you aren’t sure how to acquire the evidence we’ve mentioned, then our personal injury solicitors could be of assistance. One of the services these professionals can provide is locating and collecting evidence that will help your potential claim succeed.
You might be wondering if you can make a loss of earnings claim for future losses. This refers to when your injury stops you from working in the same position that you did before your accident at work. It may also relate to when your injury results in you being unable to work in the future, subsequently impacting your earning capacity.
In order to claim for a loss of earnings regarding future income, you will need to provide evidence. As part of the personal injury claims process, it is necessary to prove any special damages that you wish to include in your claim. Therefore, you should collect your pay slips as they can indicate how your income is likely to be affected in the future.
If you have any questions relating to a future loss of earnings claim, or how to prove this loss, feel free to contact us at any time. Our advisors are available for free no-obligation consultations.
A successful claim will compensate you, first and foremost, for the pain and suffering you experienced because of your injuries. This is via a head of claim known as general damages.
To assess how much a claimant could receive in general damages, personal injury solicitors will usually check the Judicial College Guidelines (JCG). This publication contains different compensation brackets for certain injuries.
We’ve provided a table that shows some of the brackets, which you can use to estimate how much your own claim could be worth. However, please remember this is only intended as guidance, because compensation payouts are determined by your exact circumstances. The JCG cannot account for these details.
JCG Compensation Guidelines
Below, you can find some guideline compensation payouts for different types of injuries:
|Injury Type||JCG Information||Severity||More Details|
|Injuries Involving Paralysis||£324,600 to £403,990||Tetraplegia (also known as Quadriplegia)||Tetraplegia. Award considers whether the injured party is in pain, their awareness of the disability, and other factors.|
|Brain Injuries||£282,010 to £403,990||Very Severe||Award considers factors such as extent of physical limitations, life expectancy, and degree of insight.|
|Neck Injuries||£65,740 to £130,930||Severe||(ii) - Typically involves serious fractures or damage to cervical discs in the spine. This creates a disability of considerable severity, such as permanent nerve damage.|
|Neck Injuries||£24,990 to £38,490||Moderate||(i) - Dislocation or fracture injuries that create immediate symptoms and may require fusion of the spine.|
|Pelvis Or Hip Injuries||£78,400 to £130,930||Severe||(i) - Extensive pelvis fractures involving dislocation of the lower back joint and a ruptured bladder; or a hip injury leading to low back joint spondylolisthesis that requires spinal fusion.|
|Other Arm Injuries||£96,160 to £130,930||Severe||Extremely serious injuries that fall short of amputation.|
|Internal Organ Injuries||£65,740 to £100,670||Traumatic Chest Injuries||Traumatic injury and permanent damage to heart, lung(s), and/or chest. This leads to functional impairment, physical disability and reduction of life expectancy.|
|Back Injuries||£74,160 to £88,430||Severe||(ii) - Injuries with special features such as loss of sensation and mobility problems due to nerve root damage.|
|Hand Injuries||£29,000 to £61,910||Serious||Function of hand is reduced to about 50% of its former capacity.|
|Elbow Injuries||£15,650 to £32,010||Less Severe||Functional impairment without the necessity for major surgery or significant disability.|
If you’ve been unable to work due to an accident caused by negligence, speak with our team. They might be able to put you in contact with one of our solicitors, who could guide you through the claims process.
Our solicitors generally work on a No Win No Fee basis, meaning that they can provide you with legal representation requiring no upfront fee. Specifically, they may offer you a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
By accepting the terms of a CFA, you would not typically have to pay for the solicitor’s services if your claim fails. Instead, the No Win No Fee solicitor would take a success fee at the end of the claim, but only if it succeeds.
This success fee is subject to a legislative cap. Additionally, you would discuss and come to an agreement before agreeing to any legal arrangement.
Contact Our Team
To learn more about claiming compensation after being unable to work due to an accident, speak to our team of advisors. They can provide insight into the circumstances you describe. This consultation is free and can occur whenever is most convenient for you, so learn more today:
Other guides that relate to this topic:
- Accident At Work Claims Guide | How Much Compensation Can I Claim?
- A Guide On Making A Public Liability Claim
- Road Traffic Accident Claims – How Much Could I Get?
Third parties that provide related information:
- UK Government – Statutory Sick Pay (SSP)
- Metropolitan Police – Report A Road Traffic Incident
- NHS – First Aid
It’s our hope that this guide has provided helpful information about claiming compensation after you are unable to work due to an accident. If you still have unanswered questions, speak to our team of advisers today.