Can I Claim for Loss of Earnings In a Personal Injury Claim?
By Cat Way. Last Updated 24th May 2023. Welcome to our guide where we will be answering the question “can I claim loss of earnings in personal injury claim“. Throughout this comprehensive guide, you will find a plethora of information relating to the claims process. More specifically, we will address how a solicitor could assist you, what factors must be taken into consideration, and most importantly, we will answer the following questions:
- Can I claim loss of earnings in a personal injury claim?
- How can a No Win No Fee solicitor help me?
- What evidence should I provide?
If you have suffered a personal injury, whether it was your employer’s fault or not, if you have lost income, or are likely to lose future income because of the damage, you can claim compensation for the financial loss.
This guide aims to explain the process of claiming for loss of income due to a personal injury.
If you’re wondering “what is classed as loss of earnings?” and “can I claim for loss of earnings after a car accident?”, we can answer these questions and tell you if you’re eligible to claim in just one phone call. Furthermore, you can have these questions and many more answered by continuing to read this guide.
Select a Section:
- When Can You Claim For Loss Of Earnings?
- I Am Self-Employed, Can I Claim Loss Of Earnings?
- How Do I Prove Loss Of Earnings?
- What To Do If You Are Involved In An Accident Causing You Loss Of Earnings?
- The Most Common Types Of Injuries Causing Loss Of Earnings
- Compensation Payouts On Top Of Loss Of Earnings In Personal Injury Claims
- No Win No Fee Loss Of Earnings Claims
In order to successfully claim loss of earnings compensation in a personal injury claim, you must be able to prove that:
- A relevant third party owed you a duty of care.
- They failed to fulfil this duty.
- As a result of this failure, you were harmed.
A duty of care is a legal responsibility held by another person to keep someone else safe. For example, employers hold a duty of care towards their employees, as set out by the Health and Safety at Work etc. Act 1975 (HASAWA). This legislation states that employers must take all reasonably practicable steps to keep their employees safe whilst they are in the workplace and performing work-related duties. This is just one example of a duty of care.
Loss of earnings can occur when you are unable to work, either temporarily or permanently, because of your injuries. For example, if you are a mechanic and are involved in an accident that permanently damages your hands, you may not be able to return to work. In this case, you could potentially make a loss of earnings claim covering the rest of your working life.
To learn more about claiming for loss of earnings, or to find out if you could be entitled to personal injury compensation, contact our team today.
When considering the viability of a loss of earnings claim, self-employed people may think they have no route to gaining any compensation especially if they don’t currently have a self-employed loss of earnings insurance policy in place.
This couldn’t be further from the truth. Any self-employed person can claim for loss of earnings, although the process is a little more complicated, and will involve steps such as:
- Working out how much financial loss has already occurred.
- Working out how much financial loss is likely to occur by using a future loss of earnings calculator.
- Keeping records of all previous invoices and receipts, to form the basis of proof of previous earnings.
- Keeping records of lost orders or contracts that you have failed to fulfil due to the personal injury.
- Notifying your accountant that you are absent from the company.
- Ensuring you have 3 years history of verified company accounts ready to support your loss of earnings compensation claim.
In most cases, your accountant will be able to advise you in greater detail about how to prepare for claiming for loss of earnings as a self-employed person. If you have further queries, such as “when can you claim for loss of earnings?”, you’re more than welcome to call our team of advisors for free legal advice. We would be more than happy to help.
Proving loss of earnings is surprisingly simple, even if you are a self-employed person. The court will need to see the following types of documented evidence to prove your current and future loss of earnings:
- A loss of earnings claims letter detailing the Schedule of Loss.
- Proof of at least six months previous earnings for an employed person, this will be in the form of wage or payslips. For a self-employed person, this will be three years of verified business accounts.
- If loss of overtime is to be included in the loss of earnings compensation claim, proof of a history of working overtime must be provided.
- In cases where future loss of earnings will be claimed, then financial evidence must be produced for such losses. For example, if pension payments have been missed, the pension firm will be able to provide a new pension statement, clearly showing how missed payments have devalued the pension.
These are the basic kinds of evidence that a court will need for you to prove loss of current or future earnings. There are other kinds, and we can assist you in working out which you can claim, if you get in touch with us.
If you have sustained a personal injury in an accident, and you are going to make a loss of earnings claim based on it, then documented evidence is the key to a successful claim. Of course, in reality, most people are not thinking about compensation at the scene of the accident immediately following the incident. However, you must keep your wits about you, and consider following some of the tips below to make claiming compensation for loss of earnings more likely:
- Get the name and contact details, including telephone number and address for everyone involved in the accident, and everyone who witnessed the accident.
- If the police are called to the scene of the accident, be sure to ask them for the case number assigned to it, so that you can ask to see the accident report at a later date.
- If the accident took place at work, or whilst you were visiting a company’s premises, then make sure that the accident has been recorded in the company accident book.
- If you have been involved in a road traffic accident, take down the number plate details of every vehicle involved and the drivers’ driving license number.
- Make sure your injuries are treated and documented by a professional medical practitioner. Medical records may be needed as proof further down the line.
- Keep a record of every financial expense and loss you have incurred due to the accident from buying a bus ticket and losing your salary for months on end.
These are the kinds of steps you can take to make sure you have the best chance of successfully making a claim for loss of earnings following an accident that resulted in a personal injury.
Although there are many causes of injuries that can see the sufferer facing a loss of earnings, there are some which are much more common than others, and these include:
- Road traffic accidents – if you are involved in a non-fault accident with another vehicle, you will be able to claim loss of earnings if applicable.
- Slip, trip or fall accidents – if you fall in a public place, or in any location that a private firm is responsible for the maintenance of, you may have a reason to claim for loss of earnings due to personal injury.
- Work-related accidents – if you suffer an injury due to an accident at work, and it can clearly be proven your employer was at fault, for example, failing to maintain due Health & Safety Standards. You should be able to claim compensation for loss of earnings.
These are the three most common causes of the accident, which lead to a personal injury for which the sufferer will make a loss of earnings claim.
If you are eligible to claim back any loss of earnings, this would fall into the special damages category of your final payout, along with any other expenses such as medical bills, travel costs, and help with childcare.
However, to claim for loss of earnings under special damages, you need to be eligible to receive general damages compensation as well. This aims to compensate you for the physical or psychological suffering caused by your injury. General damages are calculated according to the circumstances of each claim, and since every claim is unique, this makes it difficult to provide an average or expected payout.
But there are still some ways you can estimate how much compensation you will receive following your personal injury claim. For example, you can find some guideline brackets featured in the 2022 edition of the Judicial College Guidelines (JCG) in the table below.
|Injury Type||Compensation Bracket||Notes|
|Total Blindness (b)||In the region of £268,720||Loss of sight in both eyes.|
|Moderate Brain Damage (c) (i)||£150,110 to £219,070||Moderate to severe intellectual deficit, effect on senses and no prospect of employment.|
|Epilepsy (b)||£102,000 to £150,110||Grand mal epileptic seizures.|
|Total Deafness (b)||£90,750 to £109,650||Total loss of hearing.|
|Severe PTSD (a)||£59,860 to £100,670||Permanent effects preventing the claimant from functioning at the pre-trauma level.|
|Severe Psychiatric Damage (a)||£54,830 to £115,730||Severe issues coping with a normal social and working life and a poor prognosis.|
|Chest Injuries (c)||£31,310 to £54,830||Some disability caused by damage to lungs and chest.|
|Kidney Injuries (c)||£30,770 to £44,880||Loss of one kidney.|
|Hernia (a)||£14,900 to £24,170||Limitation of employment and movement even following repair.|
|Bowel Injuries (c)||£12,590 to £24,480||Permanent damage as a result of penetrating injuries.|
However, these figures are only guideline amounts taken from past court cases, and as such, the amount you could receive may vary. Another way to find out how much you could receive in compensation is by getting in touch with our team of advisors.
They can provide a free consultation in which they will listen to your case and offer an estimate of what your claim could be worth.
If you are already losing income, due to the personal injury you have suffered, then the last thing you want to do is begin paying out for expensive legal representation. But this is a catch 22 situation. If you don’t have legal representation, you likely won’t succeed in making a successful claim for loss of earnings following a personal injury.
Luckily, we have come up with a way to help. In most cases we will be able to action your loss of earnings claim on your behalf, using our No Win No Fee loss of earnings claims service. This means that we will pursue your compensation claim on your behalf, and we won’t charge you either an initial engagement fee or ongoing legal costs. In fact, you don’t pay us anything until your claim has been resolved. In the unlikely case that we fail to win any compensation for you, then you won’t have to pay us anything. We will only ever ask you to pay a fee if we have managed to secure a cash pay-out of compensation for you.
Call for Free Advice and to Start a Claim
Have you recently suffered a personal accident that made you miss work and lose income? Has a long-term effect of a personal injury cost you current or future income?
If this fits your case, please contact us on 0800 073 8804, and we will arrange a short, free legal consultation to assess your case and offer you some advice on what to do next. If you would prefer not to call us directly, you can use the webchat feature of this page, or email us and we will contact you back.
National Debtline is a UK Government-sponsored initiative that aims to help people in debt come to terms with the responsibility and begin paying the debt back. If you have suffered a loss of earnings due to a personal injury, you may well be in short-term debt and this site can help.
This is a more in-depth guide to paying off not only short-term debts but long-term ones. It will be helpful to people who have suffered the loss of earnings due to a personal injury, by guiding them through dealing with debt, until they receive a compensation payment.
If you have had a car accident that has resulted in loss of earnings we could claim back the money for you contact us today for free legal advice.
Please take a look at our guide where discuss how to claim against an employee. We also address how our team could be of assistance.
Read this guide to learn more about claiming for loss of earnings and other special damages.
See this guide for more information on claiming compensation following a burnt scalp injury.
Read this guide to find out more about claiming compensation for being hit by a car pulling out of a driveway.
Read our guide to learn more about how to claim after a scaffolding accident.
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Thank you for taking the time to read our guide. If you are still questioning “can I claim loss of earnings in personal injury claim” and “when can you claim for loss of earnings?”, then please contact one of our advisers.