By Danielle Jordan. Last Updated 18th September 2025. A loss of earnings claim can form part of a compensation payout to help you recover money you lost taking time off work to recover from your injuries.
Evidence is vital in order to recover loss of earnings compensation, and in this guide, we explain the key pieces of information you need to know to ensure you’re not left out of pocket.
Our specialist No Win No Fee solicitors are also on hand to help with any questions you may have. If you’d like to check if you can make a loss of earnings claim today, please click below to arrange a free consultation.
4.8 (466 reviews) To find out more information about what evidence you need to claim for loss of earnings, please keep scrolling.
What Does Loss Of Earnings Mean?
Loss of earnings is when you lose out on your full wages or salary as a result of not being able to work due to a personal injury.
Loss of earnings does not just cover the losses in your wages or salary that you have suffered as a result of taking time off work due to a personal injury. There are several financial deficits that can be included in your loss of earnings compensation, such as:
- Lost overtime or bonuses that you would have otherwise received if you were working.
- Lost opportunities for career advancements or promotions.
- Lost perks, such as pension contributions, healthcare, or other employment benefits.
- Future loss of earnings for your reduced future earning capacity (we explain this in a bit more detail below).
If you are unable to work due to someone else being negligent, we want to help you get the financial justice you deserve.To learn more about making a claim for loss of earnings, and if you believe you have lost out on other employment benefits, please don’t hesitate to contact us for free today. If you are connected with a specialist personal injury solicitor, they can talk to you about all of the aspects of your suffering. After listening to your full circumstances, they can calculate how much you could be roughly owed in compensation.
We also have a handy video explainer which you can watch below:
Can I Make A Loss Of Earnings Claim?
There are two heads of claim that personal injury compensation may be awarded under. These are:
- General damages, under which you will receive compensation for the physical and psychological harm you have experienced.
- Special damages, which compensates for financial losses, such as lost earnings.
A claim for loss of earnings would be categorised under special damages. In order to seek compensation for a loss of earnings, you would need to demonstrate with clear evidence that the following took place:
- You were owed a duty of care (a legal responsibility to keep you safe) by a third party.
- That third party breached their duty in some way.
- This breach resulted in you sustaining physical or psychological injuries, that caused you to experience a loss of earnings.
Loss of earnings compensation cannot be awarded independently of general damages. To find out if you are eligible to begin a personal injury claim, contact our team today using the contact information provided below.
4.8 (466 reviews) What’s The Difference Between Loss Of Earnings And Future Loss Of Earnings?
Now that we’ve discussed how to claim a loss of earnings, it’s worth noting that you may also claim for a future loss. This is awarded if your personal injury renders you unable to work in the same position that you previously did, causing you to take a lesser-paid role, or being unable to work entirely.
To calculate future loss of earnings compensation, your personal injury solicitor will establish your net annual loss and multiply this figure by the number of years until your retirement. A wage slip could be used to help your solicitor calculate this loss.
Please don’t hesitate to contact us if you have any questions. Our advisors are free to talk to 24/7 and may be able to connect you with one of our expert No Win No Fee solicitors.
How To Prove A Loss Of Earnings Claim
Let’s look at how to prove a loss of earnings claim.
When seeking compensation for a loss of income, it’s important to provide evidence that your earnings were affected due to an injury caused by the negligence of your employer. Any accident at work claims without proof are unlikely to be successful.
There are different types of evidence you could present to provide proof of earnings and that you’ve suffered a loss. For example:
- Pay slips
- Invoices
- Bank statements
Is A Payslip Enough To Prove A Loss Of Earnings?
When presenting evidence for a loss of income claim, a payslip can be effective in proving how much you’ve lost out on. It can demonstrate a proof of earnings, and highlight the difference in your usual wage to the wage you received after your injury.
The absence of this payment on your bank statements in later months can also contribute towards proving that your injuries caused a loss of earnings. Therefore, copies of your bank statements are also helpful.
A payslip also will often not include tips, so you will need proof of these too if your injury means you have been unable to earn tips during your employment.
In short, whilst a payslip is very helpful, it can be well supported with additional evidence too.
How To Prove Loss Of Earnings If You’re Self-Employed
If you’re self-employed, you can still make a loss of earnings claim. When you’re employed by someone else, your loss of earnings compensation is based on your annual income, and you prove this by providing payslips.
However, since self-employed people are their own bosses, proving this aspect of their claim can be a bit trickier. Generally, you can prove a claim for lost earnings by providing:
- Past invoices
- Ledgers and business accounts showing profits and loss
- Proof of future scheduled work
If you choose to work with a solicitor when you claim for loss of earnings, they will use this to calculate what you could be owed.
Contact our team of solicitors to find out if you could make a claim while self employed. Or, keep reading to learn more about how to claim loss of earnings.
4.8 (466 reviews) How Long Do I Have To Claim For Loss Of Earnings?
If you are eligible to include a claim for loss of earnings with your personal injury claim, you must start legal proceedings within the time limit set by the Limitation Act 1980. Usually, this is 3 years from the date of the accident that caused your injuries.
However, there are certain circumstances that are awarded exceptions to this limitation period. These include:
- Those who lack the mental capacity to make a claim for themselves, causing a suspension to the time limit. During this period, a court-appointed litigation friend can make the claim on their behalf. Should this mental capacity be regained, the injured party will have 3 years from their recovery date to start the process if a claim was not made for them.
- Those under the age of 18 cannot make their own claim. Before they turn 18, the claim can be started by a litigation friend. If a claim was not made before their 18th birthday, the injured party will have 3 years from that date to start legal proceedings.
If you have any questions about making a loss of earnings claim, please contact an advisor from our team. In addition to assessing the value of your potential compensation for loss of earnings, they can check to see if you are still within the limitation period.
What Can You Claim For On Top Of Loss Of Earnings?
As well as receiving compensation for your lost income, it’s also possible to claim for other types of financial loss. This can include:
- Medical bills and treatment costs: The cost of any treatment that the NHS does not offer for free could potentially be claimed back under special damages.
- Travel costs: Any travel you had to pay for that would not have been necessary had you not been injured, such as travel costs to and from hospital appointments, could be claimed back.
- Housing adaptations: For example, if your injuries permanently altered your mobility, you may need to have a stairlift fitted to your home.
Likewise, with loss of earnings, you must have proof of all of your expenses that your injury has caused you. So, please keep all receipts, invoices, travel tickets, and bank statements.
Contact us for more information on claiming for loss of earnings and other types of harm.
We Can Help You With A Loss Of Earnings Claim
While you aren’t obligated to claim for loss of earnings and compensation for other losses and harm with the help of a solicitor, working with a legal expert can come with many benefits.
For example, our solicitors can help you gather evidence, explain legal jargon, discuss how to calculate loss of earnings, and ensure your claim is filed on time.
Our expert solicitors work on a No Win No Fee basis. They do this by offering their services under a Conditional Fee Agreement (CFA).
This means that you will not be asked to pay for your solicitor’s services:
- Before the claim starts.
- Throughout the process of the claim.
- If the claim fails.
Instead, if your claim is successful, your solicitor can take a success fee from the compensation that has been awarded. The success fee is a legally capped percentage.
Contact Our Team
If you’d like to learn more about claiming loss of earnings compensation with one of our solicitors, contact our team today. Our advisors can evaluate your claim for free, and if it’s valid, they could potentially connect you with one of our solicitors. To get started:
4.8 (466 reviews) Frequently Asked Questions (FAQ) On Loss Of Earnings Claims
Below, you can find answers to some common questions on loss of earnings claims:
How Do I Prove Future Loss Of Earnings If My Injury Affects My Career Long-Term?
Future loss of earnings is usually calculated based on your expected career path compared with how your injury has limited it. To prove this, medical evidence is needed to show the likely long-term impact on your ability to work.
Occupational evidence, such as reports from employment experts, may also be used to estimate how your career prospects, promotion opportunities, or ability to continue in your chosen role have been affected.
Can I Claim Lost Bonuses, Overtime Or Pension Contributions In A Loss Of Earnings Claim?
Yes. Loss of earnings claims are not limited to basic salary. You may also be able to claim for missed bonuses, regular overtime, commission, pension contributions, and other employment perks if you can show they form part of your usual earnings. Evidence such as payslips, contracts of employment, or historical earnings records will help demonstrate these losses.
Do I Need To Show I Reported Time Off Work Due To My Injury, Or Will Payslips Alone Be Sufficient?
Payslips are important evidence, but they may not be enough on their own. It’s helpful to have supporting documents such as a formal absence record, sick notes, or correspondence with your employer confirming time off due to your injury. Together, these strengthen your claim by showing both the loss of income and its direct link to the accident.
What If My Employer Paid Me While I Was Off Sick? Does That Affect My Loss Of Earnings Claim?
If you received statutory sick pay (SSP) or contractual sick pay, this will usually be deducted from the amount of loss of earnings you can claim, since you have already received some income during your absence. However, if your usual earnings were higher than the amount received, you can still claim for the shortfall.
What Happens If I Tried To Work But Couldn’t? Do I Still Have A Loss Of Earnings Claim?
Yes. If you attempted to return to work but were unable to continue, this can still support a loss of earnings claim. Similarly, if you had to reduce your hours, change to lighter duties, or accept lower pay, the difference between your pre-accident earnings and your current income may be claimed as part of your compensation.
How Do Seasonal or Fluctuating Earnings Affect My Loss Of Earnings Claim?
If your income varies, for example, if you are seasonal, freelance, or commission-based, your loss of earnings is usually calculated using an average of your past income. Tax returns, bank statements, or profit-and-loss accounts may be used to show typical earnings over several months or years, giving a fair picture of what you have lost.
Is It Enough To Include Payslips From Just Before The Accident, or Do I Need Longer-Term Evidence?
While recent payslips are helpful, longer-term evidence is often required to demonstrate your typical earnings. This is especially important if your income fluctuates or includes bonuses and overtime. Providing at least 3–12 months of payslips, or in some cases several years of tax records, gives a clearer view of your usual income.
What Happens If My Claim Is Delayed and My Employer No Longer Has Records?
If your employer no longer has wage or sick pay records, alternative evidence can be used. This might include HMRC records, P60s, P45s, tax returns, bank statements showing salary deposits, or correspondence with your employer. Our solicitors can help track down the necessary documents to support your claim.
