By Stephen Burke. Last Updated 19th October 2023. 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
- Claiming Loss Of Earnings – How Long Do I Have?
- What Evidence Do I Need To Claim For A Loss Of Earnings?
- How Much Loss of Earnings Compensation Can I Claim?
- Claiming 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.
When making a claim for a loss of earnings, the personal injury claim time limit applies. From the Limitation Act 1980, we know that this is generally 3 years from the date of the injury. In instances where you are not aware of your injuries until a later date, your time limit may start from the date of knowledge. However, you would need to support your date of knowledge with evidence such as medical records.
There are occasions when you could claim for a loss of income outside of this window:
- Under 18s – The time limit for children only begins once they reach adulthood. Before this date, it’s suspended. A child cannot make their own claim. Therefore, a litigation friend must be appointed to do so if a claim is to be started before the injured child’s 18th
- Those with a reduced mental capacity – Those incapable of making a claim themselves must also have a litigation friend appointed to claim on their behalf. Their time limit is also suspended. It would only begin if they ever reach a point where they are deemed capable of making a claim themselves.
To find out more about the time you have to claim loss of earnings, get in touch with our advisors today.
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.
Whether you suffered due to a car accident or another sort of accident that wasn’t your fault, you may be entitled to claim for your subsequent loss of earnings. In addition, you may have sustained injuries, be that physical or psychological, which you may also be entitled to compensation for.
If you’re wondering how much compensation you could be entitled to for the harm you suffered, we advise against the use of online personal injury compensation calculators. Instead, we’ve provided some average payout figures below from the Judicial College Guidelines, an independent resource used for training Britain’s judges.
|Brain Damage||Moderate (c) (i)||£150,110 to £219,070||Results in severe intellectual deficit with no prospect of returning to work.|
|Brain Damage||Moderate (c)( ii)||£90,720 to £150,110||Results in intellectual deficit, with ability to work reduced.|
|Brain Damage||Moderate(c)(iii)||£43,060 to £90,720||Affects memory and concentration, as well as ability to work.|
|Brain Damage||Less Severe (d)||£15,320 to £43,060||Good recovery made with return to work on the horizon.|
|Brain or Head Injury||Minor (e)||£2,210 to £12,770||Minimal damage with recovery within a few weeks.|
|Neck Injury||Minor (c) (i)||£4,350 to £7,890||Full recovery in 2 years.|
|Neck Injury||Minor (c) (ii) (if not under the Whiplash Regulations 2021)||£2,450 to £4,350||Full recovery in 3 months - 1 year.|
|Neck Injury||Minor (c) (iii)(if not under the Whiplash Regulations 2021)||Up to £2,450||Full recovery in 3 months.|
Loss Of Income And Other Special Damages
Following a successful personal injury claim, loss of earnings could be included as part of special damages. Special damages are the head of your claim that aims to compensate you for the financial losses caused by your injuries, including loss of income. Special damages can also cover expenses such as:
- Medical bills and hospital bills.
- Home adjustments.
- Mobility aids.
- Domestic help.
- Care costs.
However, in order to successfully be compensated for a loss of earnings in your claim, you have to be able to prove your losses. Because of this, it could be beneficial to retain any receipts, payslips, invoices, or bank statements to help support your claim.
If you think your claim could result in future loss of earnings compensation, why not call our team? We could help assess how much compensation such a claim could bring and what evidence you might need to make a claim for such damages.
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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- Bus Driver Accident Guide
- Pedestrian Accident Guide
- MIB Motor Insurers’ Bureau Guide
- Tummy Tuck Gone Wrong Claims Guide
- Loss Of Amenity Claims
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.