By Danielle Jordan. Last Updated 3rd October 2024. 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:
Select A Section
- When Can You Make Loss Of Earnings Claims?
- What’s The Difference Between Loss Of Earnings And Future Loss?
- Top Tips for Proving a Los of Earnings Claim in the UK
- How Long Do I Have To Claim For Loss Of Earnings?
- How Much Could I Claim For Loss Of Earnings
- Claiming Loss of Earnings – No Win No Fee
- Useful Links
When Can You Make Loss Of Earnings Claims?
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.
What’s The Difference Between Loss Of Earnings And Future Loss?
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.
Top Tips for Proving a Loss of Earnings Claim in the UK
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
- Invoices
- Bank statements
If you have been injured at work and wish to claim for a loss of earnings, get in touch to find out if our expert No Win No Fee solicitors could help you.
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.
How To Prove Loss Of Earnings If You’re Self Employed
If you’re self employed, you can still make a loss of earnings claim. When you’re employed by someone else, your loss of earnings compensation is based on your annual income, and you prove this by providing payslips.
However, since self-employed people are their own bosses, proving this aspect of their claim can be a bit trickier. Generally, you can prove a claim for lost earnings by providing:
- Past invoices
- Ledgers and business accounts showing profits and loss
- Proof of future scheduled work
If you choose to work with a solicitor when you claim for loss of earnings, they will use this to calculate what you could be owed.
Contact our team of solicitors to find out if you could make a claim while self employed. Or, keep reading to learn more about how to claim loss of earnings.
How Long Do I Have To Claim For Loss Of Earnings?
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, causing a suspension 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 cannot make their own claim. Before they turn 18, the claim can be started by a litigation friend. 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.
How Much Could I Claim For Loss Of Earnings?
When making a claim for a loss of earnings as part of your personal injury compensation, how much you could receive will be calculated based on your previous wage slips stating your average salary income.
What Else Could You Claim?
If your personal injury claim is successful, your compensation may be split into two heads: general and special damages. When you claim for loss of earnings, this falls under special damages. Special damages are sometimes awarded in successful personal injury claims, whereas general damages are always awarded.
General damages offers compensation for how you have been physically and mentally affected by negligence. Factors such as these are considered under this head:
- Loss of amenity.
- Pain severity.
- Length of recovery.
Legal professionals may use a publication called the Judicial College Guidelines (JCG) to help them calculate the worth of general damages. Within the JCG are different guideline compensation brackets for different injuries and illnesses.
Compensation Table
From the JCG, we have taken some guideline compensation brackets for different injuries that could possibly be suffered after an accident that requires you to have time off work.
However, please note that the first figure is not from the JCG, and that all of these figures are strictly for guidance only. This is because all claims are unique, so there is no guarantee for how much could be awarded for your specific loss of earnings claim.
| Type of Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries + Special Damages | Severe | Up to £1,000,000+ |
| Brain Damage | Moderate (b) (i) | £183,190 to £267,340 |
| Neck | Severe (a) (ii) | £80,240 to £159,770 |
| Back | Severe (a) (iii) | £47,320 to £85,100 |
| Moderate (b) (ii) | £15,260 to £33,880 | |
| Kidney | Significant risk (b) | Up to £78,080 |
| Pelvis and Hips | Moderate (b) (i) | £32,450 to £47,810 |
| Arm | Less Severe (c) | £23,430 to £47,810 |
| Chest | Relatively simple (d) | £15,370 to £21,920 |
What Can You Claim For On Top Of Loss Of Earnings?
Special damages offers compensation for how you have been financially affected by negligence.
Other than loss of earnings, 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, such as travel costs to and from hospital appointments, 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.
Likewise with loss of earnings, you must have proof of all of your expenses that your injury has caused you. So, please keep all receipts, invoices, travel tickets, and bank statements.
Contact us for more information on claiming for loss of earnings and other types of harm.
Claiming Loss of Earnings – No Win No Fee
While you aren’t obligated to claim for loss of earnings, and compensation for other losses and harm, with the help of a solicitor, working with a legal expert can come with many benefits. For example, a solicitor can help you gather evidence, explain legal jargon, discuss how to calculate loss of earnings, and ensure your claim is filed on time.
Our expert solicitors work on a No Win No Fee basis. They do this by offering their services under a Conditional Fee Agreement (CFA).
This means that you will not be asked to pay for your solicitor’s services:
- Before the claim starts.
- Throughout the process of the claim.
- If the claim fails.
Instead, if your claim is successful, your solicitor can take a success fee from the compensation that has been awarded. The success fee is a legally capped percentage.
Contact Our Team
If you’d like to learn more about claiming loss of earnings compensation with one of our solicitors, contact our team today. Our advisors can evaluate your claim for free, and if it’s valid, they could potentially connect you with one of our solicitors. To get started:
- Call us on 0800 073 8804
- Contact us online.
- Use the live chat feature.
Useful Links
- Personal Injury Claims Time Limit – Find out what the personal injury claims time limit is before you make a claim with our guide.
- Can You Claim For Loss Of Earnings – Find out if you can make a claim for loss of earnings with our guide to doing so.
- No Win No Fee Claims – The Legal Expert guide to how to make a no win no fee compensation claim.
Other Personal Injury Claims Guides
- How to make a dog bite claim
- How Much Compensation For An Accident Causing A Hernia Injury?
- Birth Injury Claims Guide
- Pedestrian Hit By A Car At A Junction Claims Guide
- How Much Compensation Can I Claim Against A Doctor Or GP Negligence?
- Split Liability Claims Guide
- Can I Sue Employer For Negligence Leading To Injuries?
- Read this article to see if you could receive injured overseas compensation
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.
