02 November 2015
Can I Claim for Loss of Earnings if I Make a Personal Injury Claim?
An injury can have many consequences for people’s lives. Rehabilitation and coping with life after the accident is usually the first priority, but an injury can often have financial consequences too.
If you’ve been injured in an accident, you might need time off work to recover and get medical treatment. If you need a significant amount of time off work, you could start to worry about what effect a lack of wages coming into the household will have on your family’s finances.
When you claim compensation for a personal injury, you are entitled to claim for loss of earnings if your injury has meant that you have had to take time off work and, as a result, you have lost out on earnings.
General and Special Damages
Claiming for loss of earnings may be better understood once you know a little more about how personal injury claims work.
A claim is normally split into two parts. Firstly, general damages – this is compensation paid for the pain, suffering and loss of amenity as a result of your injury. This is sometimes referred to as ‘PSLA’.
Secondly, compensation in the form of special damages will take into account the financial losses of an injury, such as loss of earnings, and any other out-of-pocket expenses incurred.
You’ll need to provide evidence when seeking compensation for loss of earnings, such as payslips going back a few months prior to the accident as these will show your earnings history. If you are claiming for lost overtime, you’ll need to provide proof that you regularly worked overtime before your injury and that, if your injury did not prevent you from working, overtime would have continued to be available to you.
For self-employed people, proving loss of earnings can be a little more complicated and you should let your accountant know as soon as possible about any financial loss incurred by your business as a result of your injury. Seeking the advice of an expert personal injury solicitor is therefore crucial in these circumstances.
Written medical evidence from an independent expert will also be required to confirm that the injuries you have suffered are caused by the accident and that any absence from work is reasonable.
Loss of earnings can be very significant, especially for people who have been seriously injured. If liability has been admitted by the other side, then people who have been seriously injured should be eligible to receive an interim payment to help with the financial burden that lost earnings can bring.
Although it’s possible to claim compensation for loss of earnings, you should seek professional advice from a qualified personal injury solicitor who can give you peace of mind as you’ll be guided every step of the way and will get expert advice on what evidence you need to provide as part of your claim.
Slater and Gordon Lawyers are one of the UK’s leading personal injury law firms and have offices nationwide. Most of our personal injury claims are dealt with on a No Win, No Fee basis, meaning there is no financial risk to you.
Call us for a free consultation anytime 24/7 on freephone 0800 916 9046 or contact us online and we’ll get back to you.