This guide will help to answer the question of when you can make a personal injury claim to seek compensation for lost wages caused by an injury you have sustained due to a third party breaching their duty of care. We will outline the eligibility criteria that need to be met in order to do so in more detail throughout our guide.
Accidents and the subsequent injuries they cause can happen in different spaces, including in the workplace, on the road or in a public place. Third parties, such as employers, road users and occupiers, owe a duty of care to prevent you from becoming harmed in an accident in these places. As you read our guide, you will find information on the legislation that outlines the responsibilities these different third parties have and how a breach of duty on their part could occur. A breach of duty that causes an injury is known as negligence.
We will also take you through the process of how to claim personal injury compensation for lost earnings, including the steps you can take to collect evidence to strengthen your claim.
Additionally, we will explore how legal professionals may calculate personal injury settlements and the compensation that could be awarded for the other ways your injuries have affected your life.
Furthermore, we will explain the ways in which a No Win No Fee solicitor could assist you with the process of making a personal injury claim.
For free advice and answers to any questions about your potential claim, please do not hesitate to contact our team of advisors today. Our advisors can give you a free assessment to see if you have grounds to make a claim, with no obligation to start proceedings. You can contact our team by:
- Calling 0800 073 8801
- Filling out our form to contact us
- Using the live chat feature at the bottom of this page.
Select A Section
- Can I Claim Compensation For Lost Wages?
- Examples Of Accidents Caused By Negligence
- How Do I Prove A Claim For Compensation For Lost Wages?
- Calculating Payouts For Your Injuries
- How A No Win No Fee Solicitor Could Help You Claim Compensation For Lost Wages
- Further Guidance On Types Of Income You Could Claim For
Compensation following a successful personal injury claim can be awarded for the different ways you have been affected by your injuries, including physically, psychologically and financially. For example, if you have had to take time off work to recover from your injuries, this may have caused you a loss of earnings. This expense could be compensated for if you have evidence to support your claim, such as wage slips.
However, in order to have valid grounds to begin a personal injury claim, you need to prove the following:
- A third party owed you a duty of care.
- They breached that duty of care.
- That you suffered physical and/or psychological harm as a result of the breach.
Additionally, you need to begin your claim within the personal injury claims time limit. The Limitation Act 1980 sets out a general time limit of three years from the date of the accident to begin legal proceedings. However, exceptions can apply in some circumstances.
Could Compensation Awarded For Lost Wages Affect My Benefits?
It’s important to note that social security benefits can be affected when it comes to being awarded a compensation settlement, if you are claiming this at the time of the injury. Or if you need to claim benefits as you cannot work then the compensator has to pay back the amount of social security benefit you received to the Department of Work and Pensions.
For more information on this, please get in touch with an advisor on the number above. They can also provide further guidance on eligibility criteria and how long you have to begin your claim.
The following sections provide an overview of the legislation that outlines different third parties’ duty of care and examples of how it could be breached, leading to an injury.
Loss Of Wages After An Accident On The Road
The Road Traffic Act 1988 outlines the duty of care that road users owe each other to navigate the roads in a way that prevents harm to one another. Also, the Highway Code gives road users guidance on their responsibilities as well as rules, which are backed by law, that they must follow.
A breach of this duty could lead to you becoming injured in a road traffic accident. For example, you could sustain nerve damage after a car accident due to a T-bone collision caused by another driver failing to check their mirrors before pulling out at a junction.
Loss Of Wages After An Accident At Work
The Health and Safety at Work etc. Act 1974 applies a duty of care to employers. Section 2 of HASAWA outlines that employers must make sure that they take all steps considered reasonable and practicable to ensure the health, safety and welfare of employees in the workplace.
A failure to do so could lead to you experiencing harm in an accident at work. For example, your employer may have failed to ensure workplace equipment and machinery was fit and safe for purpose, causing you to sustain an arm amputation when using faulty machinery in a factory.
Loss Of Wages After A Public Accident
The Occupiers’ Liability Act 1957 outlines the duty of care a party in control of a public space has to take steps to ensure the reasonable safety of those visiting the space.
If they failed to uphold their duty, it could lead to you experiencing harm in a public place accident. For example, you may sustain a fractured leg after slipping over a wet floor in an accident in a supermarket because no wet floor signs were put down.
If you have needed to take time off work to recover from an injury sustained due to third party negligence and this has caused you to lose income, please speak with an advisor on the number above. They can discuss whether you could be eligible to seek compensation for lost wages.
When claiming compensation for lost wages, it is necessary to gather proof that there was a failure on the part of a third party to uphold their duty of care, and that this breach caused you to sustain harm. It can also highlight the physical and mental impact your injuries have had on you.
Examples of the evidence you could gather can include:
- Photographs or video footage of the accident and your injuries.
- A copy of your medical records, such as X-rays and prescriptions.
- The contact details of potential witnesses.
- Documentation that shows any financial losses, including wage slips to show any lost income and travel tickets to prove any travel costs.
You can get in touch with an advisor to find out whether you’re eligible to have a No Win No Fee solicitor represent your personal injury claim. They could help you build your case and keep you updated on the progress of your claim. For more information on the services they could offer, call the number above.
Personal injury settlements can comprise compensation for the different ways your injuries have affected you. Firstly, general damages compensate for the physical and mental pain and suffering caused by your injuries.
Factors, such as the type of injury and its severity, can be considered when valuing general damages. Solicitors can use medical evidence as well as refer to the guideline compensation amounts included in the Judicial College Guidelines. The following table contains some of these figures. However, they should only be used as a guide because settlements can vary.
|£282,010 to £403,990
|The person requires full-time nursing care.
|Amputation of One Foot
|£83,960 to £109,650
|This injury is treated similar to a below-knee amputation due to the lost ankle joint.
|£29,000 to £61,910
|The hand’s capacity to function is reduced to around 50 percent.
|£27,760 to £38,780
|Damage to an intervertebral disc alongside nerve root irritation and reduced mobility.
|£24,990 to £38,490
|Injuries, such as fractures or dislocations, leading to severe and immediate symptoms where a spinal fusion may be required.
|Less Serious (i)
|£17,960 to £27,760
|An incomplete recovery from fractures is included in this bracket alongside serious soft tissue injuries.
|£13,740 to £26,590
|Less serious disabilities from injuries such as fractures and tears to the ligaments.
|£12,770 to £19,200
|A fractured humerus causing restricted shoulder movement.
|£6,610 to £19,200
|A forearm fracture that is simple in nature.
|£12,590 to £17,960
|This bracket includes a relatively simple injury, such as one penetrating wound, that causes permanent tissue damage but no significant permanent effect on lung function.
Secondly, special damages can compensate for the financial losses caused by your injuries. This can include lost wages, both past and future as well as other related losses caused by having to take time off work, including:
- Loss of pension payments.
- Loss of holiday entitlement.
- Missed overtime pay.
- Loss of bonuses.
Special damages can also compensate for other types of financial losses, such as medical costs, domestic care costs, travel expenses and the cost of home renovations.
Evidence, in the form of receipts, invoices and travel tickets can help support your claim for these monetary expenses.
If you would like to find out what you could receive in personal injury compensation following a successful claim, please get in touch on the number above. An advisor can offer a free personalised estimate of your potential settlement.
Our No Win No Fee personal injury solicitors may offer to take up your case through a contract known as a Conditional Fee Agreement. Under the terms of this agreement, you won’t typically need to pay for the solicitor’s services at the following times:
- Up front,
- During the process,
- At the end of the case, if it fails.
Following the completion of a successful claim, your solicitor will take a success fee from your compensation. This is subject to a cap as per the Conditional Fee Agreements Order 2013. You can discuss this fee prior to beginning your claim with a solicitor offering their work on this basis.
Speak To An Expert
Our team of advisors are on hand to give you further guidance regarding eligibility criteria, the time limits for beginning a claim and the steps you can take to strengthen your case.
Additionally, if you have valid grounds to make a personal injury claim to seek compensation for lost wages, our advisors could put you in touch with one of our experienced solicitors to begin working your case on a No Win No Fee basis.
To get in touch, you can:
For related information, take a look at more of our helpful articles:
- More information about claiming after a workplace accident in a warehouse.
- Learn if you can claim against a drunk driver for a car accident.
- Find out how you could claim compensation after tripping on a pavement.
You could also refer to these resources:
Thank you for reading our guide on when you could be eligible to make a personal injury claim for compensation for lost wages. If you have any other questions, please speak with an advisor on the number above.
Guide by EM
Edited by MMI