Can I Claim for Loss of Earnings Following a Personal Injury Claim? – Compensation And Free Advice
By Mark Ainsdale. Last Updated 15th April 2021. 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 personal injury claim?
- How can a 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.
Select a section:
- A guide to claiming loss of earnings following a personal injury claim.
- What is a loss of earnings?
- I am self-employed can I claim loss of earnings?
- Can I claim for a loss of pension?
- How do I prove loss of earnings?
- What does net monthly wage mean?
- Can I claim for damages?
- What to do if you are involved in an accident causing you loss of earnings?
- How to begin your loss of earnings claim.
- Can I claim for the ongoing loss of earnings?
- What loss of earnings can be claimed for?
- The most common types of injuries causing loss of earnings.
- How much compensation will I get following a loss of earnings due to a personal injury?
- No win no fee loss of earnings claims.
- Why choose us as your claims service for a loss of earnings claim?
- Call for free advice and to start a claim.
If you have suffered a personal injury, mostly if it was a serious one, you likely already have enough to worry about, besides the financial aspects of the damage.
Unfortunately, a financial loss of some kind almost always results from a personal injury. And in cases where this financial loss is due to loss of earnings, either current or future, then a compensation claim can be made.
In this guide, we look at the definition of loss of earnings and how it applies to the employed, self-employed people or those who may miss making payments into a pension. We discuss how best to prepare for making a loss of earnings claim, and how to work out net income to form the basis of such a claim.
We will also explain just what you need to do to begin making a compensation claim for loss of earnings. We will also introduce you to our No Win No Fee loss of earnings claim service, which can take all of the hard work out of your hands, by letting us pursue your loss of earnings claim for you.
A loss of earnings definition loss of earning occurs when a person suffers a personal accident, which reduces, restricts or prevents them from earning their usual salary or wage.
Additionally, loss of future earnings can occur if the personal injury will have a long-term effect on the sufferer’s ability to work or have a long-term effect on current investments such as a pension.
A loss of earnings calculator can be used to assess their own level of loss of earnings in the present and future.
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.
- Keep records of all previous invoices and receipts, to form the basis of proof of previous earnings.
- Keep records of lost orders or contracts that you have failed to fulfil due to the personal injury.
- Notify your accountant that you are absent from the company.
- Ensure 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 loss of earnings as a self-employed person.
Missing pension payments due to a personal injury is potentially a future loss of earnings multiplier. Because of pension investments’ compound nature, even a slight hiccup in payments could have very serious financial effects much further down the line.
If your capacity to work means you miss pensions payments, you may well have a valid case for making a compensation claim for future income loss. This would form part of a claim for special damages, and be included in the Schedule of Loss to decide how much compensation you will pay.
The claim for future loss of income or earnings will need to be backed up by the medical evidence that supports your claim. For most people, we can arrange a local medical examination to help with this.
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 attached to the claim.
- 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 use the contact details at the bottom of this page and get in touch with us.
To explain how to calculate the loss of earnings for personal injury, we first need to understand what net monthly wage means.
Net monthly wage means the part of your wage that actually ends up in your pocket after deductions. So, it does not include tax deductions, National Insurance payments and other incentivized deductions such as shared cost leasing of company vehicles.
You can only claim for your net loss as you would never have had the gross amount of your salary to spend in the first place.
Yes, you always have the option of claiming for general damages and special damages following a personal injury, if it has meant you have lost income by being unable to work either now, or in the future.
You will need to produce documented evidence of your income for at least six months prior to the loss of earnings occurring. This can be in the form of payslips, self-employed people, and three years of verified business accounts. If the claim also includes potential over time, a history of worked overtime must be provided.
If you can fulfil all of these requirements, then yes, you can claim damages for the loss of earnings due to your injuries.
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.
So you’re asking, “can I claim loss of earnings in personal injury claim?” Yes, you can. And if you are ready to begin a loss of earnings claims, then you should consider contacting us to discuss our No Win No Fee loss of earnings claims service. We will be able to assist you by explaining how to calculate the loss of earnings for personal injury in simple terms.
We will spend some time with you, going over the facts of your injury, such as how and where it occurred. We will also go over your financial losses, including loss of earnings and loss of future income.
Once we have all of this information, we will make a recommendation based on your personal injury case’s actual facts. In most instances, this will mean that we will offer to take on your personal injury loss of earnings claim under a No Win No Fee agreement—more on that further down the page.
When you are filling out a loss of earnings claim form, you will be able to indicate whether there is any prospect of the ongoing loss of earnings due to your personal injury. You can use a future loss of earnings calculator to work this out.
In most cases, if the loss of future earnings can be proven, then there will be a valid route to claiming compensation for it. However, it should be noted that there must be a clearly provable loss. For example, a pension being devalued due to missed payments. Claiming loss of future earnings due to speculative investments, or due to non-tangible reasons is not possible.
Additionally, if it can be proven that the accident has had a negative effect on your ability to earn an income in the future. Your career prospects have been limited due to the personal injury, so it may be possible to claim future loss of injury for these reasons.
If you are an employed or self-employed person who is facing either immediate or future loss of earnings due to a personal injury, and you intend to make a compensation claim for this, then the following types of loss of earnings can be claimed for:
- Immediate loss of earnings, such as days missed off work, causing salary payments to be either reduced or stopped.
- Future loss of earnings if the injury will prevent you from working for some time.
- Future loss of income in cases where much further down the line, the money you lost because of the injury will affect you financially. For example, if you have missed pension payments that have reduced your pension’s overall value across its lifetime.
- Future loss of income in cases where the injury is likely to restrict the sufferer from progressing along their career path. For example, an athlete suffering from an injury that prevents them from continuing with their career could potentially claim this loss.
These are the main reasons that loss of earnings will be claimed for as compensation following a personal injury. There are more. Use the contact details at the bottom of the page to get in touch with us, and we will advise you if there are any further types of loss of earnings compensation you might be able to claim in your case. Hence us answering the question of “can I claim loss of earnings in personal injury claim?”
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.
As we previously mentioned, workplace accidents are one of the most common causes of a loss of earnings. Let’s take a look at some of the most recent statistics relating to accidents in the workplace. The Health and Safety Executive (HSE) outlined the following:
- 480,000 Workers suffering from work-related musculoskeletal disorders
- 1.6 million Work-related ill health cases (new or long-standing).
- 65,427 Non-fatal injuries to employees reported by employers.
- 111 Fatal injuries to workers in 2019/20.
- 16.2 billion Annual costs of work-related injury and new cases of ill health.
The answer to this question will obviosity depend on many factors, not least of which is how much you earn. The table below shows you how to calculate your potential loss of earnings claim based upon three months previous salary and projected annual wage:
|Pay Month||Net Wages as Shown on Wage Slip||Net Annual Income||Net Daily Income for 5 Day Work Week||Number of Days Lost Due to Injury||Net Loss of Income|
|August||£1,800.00||Above calculated as 12 x Average Monthly Wage||Above calculated as Net Annual Income / 52 / 5||Above calculated as 15 Days x Daily Income|
|Average Monthly Wage||£1,800.00|
This table only deals with loss of earning due to not receiving a regular salary payment. Other types of loss of earnings claims due to personal injury, such as future loss of earnings, will be calculated differently. Use the contact details at the bottom of the page to get in touch with us and we can help you with working out your loss of earnings claim. This should also answer the question, “can I claim loss of earnings in personal injury claim?”
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 true 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 still 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.
We can help you through the entire process of making a claim for loss of earnings following a personal injury. From creating the loss of earnings claim letter, through to representing you in court if need be.
We will always explain exactly what we are doing to help you with your claim, and we won’t use legal jargon and confuse you. You will get straight, uncomplicated answers to all of your questions.
We will do everything we possibly can to gain you the most compensation possible, but we will never do anything to put your claim at risk. You can trust us to do the right thing for you at all times.
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 web chat 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 an accident at work that has resulted in a loss of earnings contact us today and we will let you know if you can claim all your loss of earnings back, call us today for free advice.
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.
Why not take a look at our guide to learn more about No Win No Fee claims.
Can I claim loss of earnings in personal injury claim FAQs?
What is the average payout for a personal injury claim?
The amount of compensation that could be awarded for a personal injury claim will take into account numerous unique factors.
Can you provide an example?
For instance, if you are injured at work, then the injury type, the severity and any financial losses due to sick days or expenses in relation to an injury would be taken into account.
What qualifies as a personal injury case?
A personal injury claim often arises when one individual is injured due to a negligent third party’s fault. If the case involves medical malpractice or is caused by a neglgient employer, then a personal injury lawyer could help you make a claim.
Should I begin my personal injury claim within a certain timeframe?
To make a successful claim, you must begin your case within 3 years from the date of the accident.
Could a delay in my decision to claim affect the outcome?
Yes, if you wait beyond 3 years to file legal action, then it will be too late for you to receive any compensation.
Are there any exceptions to this 3-year rule?
Yes. This includes children under the age of 18 or those who lack the mental capacity to pursue their own case.
How long could a case take?
A typical case may take between 12-18 months to reach full resolution if an out-of-court settlement is agreed upon.
And how long does it take for me to receive compensation?
Payouts are generally made by the defendant within 14-28 days.
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“, then please reach out and speak to one of our advisers.