What Proof/Evidence Do You Need To Claim For Loss Of Earnings?
By Danielle Jordan. Last Updated 30th November 2023. If you’re wondering ‘can I claim for loss of earnings in a personal injury claim?‘, then this guide aims to help you. A loss of earnings claim could result from an injury which has left you unable to work. At other times, you may pursue a loss of earnings claim if you need to reduce your work hours or take unpaid time off from work due to an injury.
This is where being able to claim for loss of earnings as part of a personal injury claim can have a big impact on your financial well being. After any form of personal injury, your claim could include compensation for loss of benefits, income, or other financial impacts.
In order to claim for loss of earnings as part of a personal injury claim, you will need to provide evidence for loss of earnings, as well as evidence that this was a direct result of the injury you suffered as a result of an accident which was not your fault. When you work with an expert personal injury solicitor they will need certain evidence from you to put together your claim.
To find out more information about what evidence you need to claim for loss of earnings, read the rest of our guide below. You can also find out more by calling our team today on 0800 073 8804.
You can also contact us through our website.
To get the key points from this guide, why not watch our handy video on loss of earnings claims:
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- When Can You Make Loss Of Earnings Claims?
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- Top Tips for Proving a Los of Earnings Claim in the UK
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If you suffer an injury and need time off work to recover, you can seek compensation for your lost wages as part of a personal injury claim. If your claim is successful, compensation for loss of earnings would be awarded under the special damages head of loss.
However, you will need to meet the claiming requirements in order to make a personal injury claim and pursue compensation. This means that you must be able to submit evidence that proves:
- A third party owed you a duty of care.
- This duty was breached.
- You suffered an injury, either physical, psychological, or both, as a result.
If you have any questions about seeking compensation for loss of earnings and the claims eligibility criteria for pursuing a personal injury payout, please contact one of the advisors from our team. They can also discuss what evidence you will need to submit as part of the claiming process.
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.
In order to calculate a 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, including, ‘How much can I claim for a loss of earnings?’ 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.
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
- 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.
Is your query along the lines of ‘I was in a self employed accident at work, can I claim?’ Your first step will be to collect evidence of your income from your accountant. They can provide similar information and evidence to what your wage slips would provide. This can then be used to calculate how much you would have earned over the period you were not able to work.
If you are self-employed you can also supply evidence such as invoices and copies of orders from clients. To calculate your lost benefits or earnings accurately, your accountant will need to supply around three years of accounts.
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. For these claimants, an indefinite suspension is applied 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. These claimants have the time limit paused until they turn 18. Before this date, a litigation friend could start the claiming process on their behalf. 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.
In the personal injury claims calculator below, we look at how much compensation you could claim for loss of earnings. As well as this, you can also claim general damages for your injuries.
The figures in the table have been taken from The Judicial College Guidelines (JCG). Lawyers and solicitors use this information to give clients a better understanding of what they could receive from general damages. This information is from the April 2022 publication, which is the latest one available.
|Type of Injury||Severity||Compensation Bracket||Description|
|Brain Damage||Moderate (i)||£150,110 to £219,070||There is a negative impact on senses, speech and sight and there is a moderate to severe intellectual deficit.|
|Neck||Severe (ii)||£65,740 to|
|Injuries might include serious fractures or disc damage to the cervical spine.|
|Sexual and/or Physical Abuse||Severe||£45,000 to £120,000||The injured person will have a severe psychiatric injury that is prolonged as a result of serious abuse.|
|Back||Severe (iii)||£38,780 to £69,730||Examples of injuries in this bracket might include disc fractures or lesions causing chronic conditions where disabilities remain, despite treatment.|
|Back||Moderate (ii)||£12,510 to £27,760||Injuries might include backache due to disturbed ligaments and muscles.|
|Kidney||(b)||Up to £63,980||The injury causes a significant risk of a urinary tract infection in the future or other issues.|
|Pelvis and Hips||Moderate (i)||£26,590 to £39,170||Significant hip or pelvis injury that causes no major permanent disability.|
|Arm||Less Severe||£19,200 to £39,170||A substantial degree of recovery will be expected despite the significant disabilities originally caused.|
|Psychiatric Damage Generally||Moderate||£5,860 to £19,070||There will be problems with the injured person’s ability to cope with life. However, there will be a good prognosis and marked improvement by trial.|
|Chest||(d)||£12,590 to £17,960||A relatively simple injury that causes some permanent tissue damage but no long-term side effects.|
The figures in the table above are illustrative and you could find that your award is higher than the maximum indicated here.
A loss of earnings claim is also just one example of a special damages payment. There are other things that you may be eligible to claim for. For example, certain medical costs or damage to your personal property. Get in touch today and our advisors can explain this subject in more detail.
What Can You Claim For On Top Of Loss Of Earnings?
When you are injured due to negligence, your compensation can be split into two heads: general damages and special damages. Loss of earnings compensation falls into the special damages category, which aims to provide compensation for financial losses you might have suffered as a result of your injuries. Other expenses you may be able to claim for under this heading 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 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.
- Damage to personal property: If your personal property was damaged in the accident, you may be able to claim the cost of their repair or replacement back. For example, if your phone was smashed, or if an expensive coat or jacket was torn.
To claim loss of earnings under special damages, you must be receiving general damages in a personal injury claim. This head of your claim covers the suffering caused by your injuries.
There are no set or average amounts for general damages. This is because, like special damages, they are calculated based on your individual circumstances. However, the table in the section below can help you get an idea of what you could receive should your claim succeed, as it uses guideline figures taken from the 2022 edition of the Judicial College Guidelines to provide broad estimates.
Contact our advisors today for a free consultation or keep reading to learn more about how to claim for a loss of earnings.
You may be concerned that claiming for a loss of earnings could put you under financial strain that can negatively impact your life. This is why we provide No Win No Fee solicitors who are specialised in many different types of cases.
Also known as Conditional Fee Agreements, No Win No Fee basically means that:
- You will not have to pay any of your solicitor’s legal fees upfront.
- They will only take a small, legally capped success fee at the end of your claim once your claim has been successful. This will cover the legal fees of working your case.
- You will not have to pay your solicitor for any of their legal fees if your claim is not successful.
Our solicitors won’t waste your time. They will not take on claims without proof that negligence caused the injury. They can help you build your case by collecting evidence if they think you could be successful.
To know more about whether you can claim, please contact us for a free consultation using the below details.
To make a claim for loss of earnings you need the best legal team behind you.
If you send us a message to our team, you can request a call back from one of our specialist advisors when it suits you.
Can I Claim Loss Of Earnings In A Personal Injury Claim?’ FAQs
What damages can I claim for in a personal injury claim?
Compensation for general damages will be used to cover any pain and suffering that you endured through no fault of your own. On the other hand, special damages will be used to recover any out-of-pocket expenses that you spared as a result of your accident.
Can I claim loss of earnings from my employer?
Yes, this is one of the sums you can claim as part of a personal injury claim against your employer. A loss of earnings claim, as with the other figures that make up your compensation, is not made directly against your employer.
Every employer must legally have an insurance policy in place to cover employer compensation if required. So, your settlement would be awarded by the insurance company and not the employer directly.
How do you prove loss of earnings?
You’ll need to retain any evidence of your loss of earnings, such as bank statements and written confirmation from your employer about what your income is.
Can I claim for future loss of earnings?
Yes, special damages not only aims to cover current losses but future losses, too. This includes any predicted loss of income that could result from your accident.
What is the average personal injury claim worth?
There is no such thing as an average personal injury claim, as every case is different. Therefore, there is no such thing as an average payout either.
How much could I claim?
As every claim is different, they are valued case-by-case. This way, no two payouts are the same, as people’s circumstances are unique. Please get in touch for a free consultation today to see how much you could claim.
Do I need a solicitor?
There is no legal requirement for a solicitor to handle your case in order for you to claim. However, having one do so could see that you get the maximum compensation you deserve.
How can I contact Legal Expert?
Please refer to our contact section for options on how to get in touch or use the live chat on your screen now for an instant response.
How is a loss of earnings claims calculated?
If you qualify for a loss of earnings claim, then a bespoke calculation will be made to work out how much you could have earned had you not missed time at work due to your injuries. This can include things like bonuses and pension payments, too.
Can I claim for future loss of earnings?
As mentioned earlier, if your injuries are very severe, it may lead to you being unable to ever return to work again. In this instance, a calculation could be made to work out how much you could or would have earned from the date of your injury to the date of when you would have been expected to retire.
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The Legal Expert guide to how to make a no win no fee compensation claim.
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If you’re wondering ‘can I claim loss of earnings in a personal injury claim’, we hope this guide has given you an insight into your rights. If you have any more questions, please get in touch today.