By Stephen Burke. Last Updated 13th February 2024. If you have been injured in an accident at work, then you may be wondering whether you could seek compensation. A valid personal injury claim that succeeds can compensate you for the pain and suffering you’ve experienced as a result of your injuries, but you can also claim for loss of earnings in the UK as well as other financial losses caused by your injuries.
In this guide, we will explain more about the requirements and steps for claiming compensation for loss of earnings and other monetary expenses, including the evidence you can provide in support of your case. This guide also covers other key steps you need to be aware of when you intend to claim for injuries caused by an accident, including the eligibility requirements that need to be met in order for you to take legal action.
To speak to an advisor about loss of earnings in claims for a personal injury, you can contact our team for free, either online or on the phone. Our advisors are available 24 hours a day, 7 days a week. To get in touch, you can:
Select A Section:
- What Does Loss Of Income Mean And When Could You Claim?
- Claiming For Loss Of Earnings When You’re Self Employed
- Claim Loss Of Earnings – How Long Do I Have?
- What Evidence Do I Need To Claim For A Loss Of Earnings?
- How Much Can I Claim For Injuries And Loss Of Earnings?
- Claim For Loss Of Earnings With A No Win No Fee Solicitor
- Useful Links On How To Claim For Loss Of Earnings
There are various potential consequences of injuries besides the pain and suffering they cause. If you’re recovering from injury, and are unable to work, you could lose out on income, including bonuses and overtime.
Should your loss of income be caused by someone’s breach of their duty of care towards you, you could be eligible to make a claim for loss of earnings in the UK.
Compensation for loss of earnings is something you may be considering if you’ve had to spend time recovering at home from injuries and have lost out on pay as a result. There are certain eligibility criteria your claim must meet to make you eligible to claim, however.
You would need to prove that someone breached a duty of care towards you. This could be:
- An employer who failed to protect your safety and health at work (under the Health and Safety at Work etc. Act 1974)
- A road user who breached the Road Traffic Act 1988 by driving in a way that caused an avoidable accident.
- Those in control of public places who failed to make public spaces safe to use for their intended purposes ( under the Occupiers’ Liability Act 1957)
The breach must have caused you to suffer injuries that would not have occurred should they not have breached their duty of care towards you.
If you’d like free legal advice about loss of earnings claims and how much you could receive, please contact an advisor.
If you are a self-employed worker and you’ve been injured in an accident, you may still be able to make a personal injury claim against the controller of the space.
You may be asking if you’re able to specifically claim for loss of earnings in the UK when self-employed and how this can be done. While it could be possible through a valid claim, some of the evidence you gather will likely be different compared to when a different type of worker claims for loss of earnings.
To claim loss of earnings while self-employed, your record of accounts will be taken into consideration, along with invoices and other records. Any planned future work would also be used to forecast future lost earnings.
For more advice on claiming for loss of earnings when self-employed, you can contact our advisors for free today.
Under the Limitation Act 1980, there is a three-year time limit to claim for loss of earnings through a personal injury claim. This usually starts from the date of the incident that injured you. However, the time limit can work differently under some circumstances.
The time limit will be frozen indefinitely if the injured party lacks the mental capacity to start a claim on their own. A litigation friend could start a claim on the injured party’s behalf while the time limit is frozen. If the injured party later regains their mental capacity and a claim hasn’t been made by a litigation friend, then the three-year time limit will start for the injured party from the day of recovery.
If a child has been injured, then the time limit for starting a claim will be put on hold until the day they turn 18. A litigation friend could start a claim on the child’s behalf before their 18th birthday. Otherwise, the injured party will have three years to start their own claim from the date of their 18th birthday.
For more guidance regarding your eligibility to start a personal injury compensation claim, please contact our advisors for free either online or by calling us.
When making any personal injury claim, it’s important to present evidence to support your claim. Below, we have included some examples of the evidence you can gather during the claims process.
However, it’s important to remember that this is not a complete list. There are other ways of establishing that your injuries were caused by negligence.
- Visual evidence. This can include photographs of your injuries. Or, even the hazard that caused your injury. Additionally, you can also request CCTV footage that you appear in.
- Medical evidence. Once you have been treated, helpful information regarding your injuries and treatment will be officially recorded.
- Witness contact details. Did others see how you were injured? It can be helpful to make sure you have a way of getting in touch with them. Then, they can submit a written version of their statement.
- Financial records. When claiming for loss of earnings, it’s important to have evidence. You need to be able to prove how much you have lost being unable to work. Therefore, a loss of earnings claim will require you to present payslips. Plus, possibly other financial documents too.
If a claim for loss of earnings factors into your own claim and you have any additional questions about the evidence you can gather, get in touch with our advisors today.
Typically, a successful personal injury claim could result in compensation for loss of earnings and other financial expenses, as well as pain and suffering caused by your injuries.
The pain and suffering your injuries have caused you are compensated under general damages. Those working out general damages payouts could look at a publication called the Judicial College Guidelines (JCG) to help them. This document provides guideline compensation brackets for a variety of injuries at differing severity levels.
Below, you will find figures from the 16th edition of the JCG, released in 2022. The first figure, however, is not from the JCG.
Please note that this table should only be referred to as a guide.
|Multiple severe injuries with financial costs and losses.
|Up to £1,000,000+
|Settlements for multiple severe injuries and their associated financial losses, such as medical expenses or loss of pay.
|Moderate (c) (i)
|£150,110 to £219,070
|Results in severe intellectual deficit with no prospect of returning to work.
|Less Severe (d)
|£15,320 to £43,060
|Good recovery made with return to work on the horizon.
|£96,160 to £130,930
|Leaving the person with as little function as if the arm had been lost, but without amputation.
|Severe (a) (i)
|£91,090 to £160,980
|The most severe injuries that may involve spinal cord or nerve root damage.
|Pelvis and hip injuries
|Severe (a) (i)
|£78,400 to £130,930
|Extensive fractures that cause bladder injuries for example.
|Severe (a) (ii)
|£65,740 to £130,930
|Involving brachial plexus damage with loss of use of a limb, for example.
|Very serious (b) (ii)
|£54,830 to £87,890
|Leading to permanent mobility problems for the rest of the person’s life.
|£19,200 to £48,030
|Could involve a damaged brachial plexus, for example.
As well as general damages, you could receive special damages which compensate for financial losses caused by your injuries, such as a loss of earnings due to needing to take time off work. This can include both past and future lost earrings. However, you will require evidence, such as payslips to prove the losses.
Examples of additional costs and losses that could be compensated under special damages include:
- Travel expenses for costs incurred while travelling to appointments with medical professionals or your solicitor, for example.
- Care costs if you needed care at home due to your injuries.
- Medical expenses such as prescription costs or mobility aids.
If you have any questions regarding making a loss of earnings claim and the evidence you could collect to support other monetary losses, you can contact a member of our advisory team.
If you have strong grounds to claim compensation for a loss of earnings as part of your personal injury claim, then you could seek support from a solicitor. If you speak to our advisors about your potential claim, and they determine you have a strong case, they may connect you with one of our No Win No Fee solicitors.
One of our No Win No Fee solicitors may then offer to help with your claim for loss of earnings under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement which means that you won’t have to pay upfront or ongoing fees for your solicitor’s services. It also won’t be necessary for you to pay your solicitor for their work if your claim is unsuccessful.
If your claim is successful, then the solicitor who helped with your claim can subtract a legally capped percentage from the compensation awarded to you. This is known as a success fee.
If you have any questions regarding loss of earnings claims, or to see if you could be eligible to work with one of our No Win No Fee solicitors, please get in touch with our advisors for free. To reach them, you can:
- Call our team on 0800 073 8801
- Message us online via our 24/7 live chat service
- Use this website’s online contact page
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Thank you for reading our guide on how to claim loss of earnings compensation. If you want to make a claim for loss of earnings in the UK, we could assist.