If you have been injured in an accident, depending on where your accident took place, you may have been owed a duty of care. Duty of care is a legal obligation from a third party that their actions need to abide by. If your injuries were caused by a relevant third party who owed you a duty of care, then you may be able to make a personal injury claim. If you have a valid case, you may also be able to claim for loss of earnings.
In this guide, we explain who owes you a duty of care when you are in different types of places and when you could be eligible for personal injury compensation. We also explain what is meant by loss of earnings and how to claim for this as part of your compensation settlement.
Moreover, we discuss what evidence could be used to support your loss of earnings claim and whether you could be eligible to claim compensation for future financial losses caused by your injuries.
When you reach the end of this guide, you will be able to see how making a claim for a loss of earnings can be easy and simple with a No Win No Fee solicitor from our panel.
If a third party is responsible for your injury, have a chat with our advisors today. They can give you advice about claiming compensation and connect you to a solicitor from our panel. It is also free to contact us by filling out our contact page.
Jump To A Section
- When Can You Claim For Loss of Earnings?
- What Is Considered As Loss Of Earnings?
- How To Claim For Loss of Earnings
- How Much Can Your Loss of Earnings Compensation Be Worth?
- Can A No Win No Fee Solicitor Help Me Claim Loss Of Earnings Compensation?
- Read About What Types Of Claims Can Include Loss Of Earnings Compensation
When Can You Claim For Loss of Earnings?
To be able to potentially make a personal injury claim for loss of earnings or receive compensation for other types of harm and losses, you will have to prove that you have suffered an injury because a third party breached their duty of care towards you.
A personal injury claim can be made if an accident occurs either at work, in a public space, or on the road. As such, here is what duty of care is owed to you and by whom for each of these places:
- Accidents at work. The Health and Safety at Work etc. Act 1974 outlines an employer’s duty of care. Employers must take reasonable measures to ensure safety within the workplace and to prevent injury to employees. For instance, employers must regularly manage and remove possible risks and hazards.
- Accidents in a public place. The Occupiers’ Liability Act 1957 outlines an occupier’s duty of care. People in charge of a public place (occupiers) must take steps to ensure the reasonable safety of the public while they are lawfully visiting their space. For instance, occupiers must put health and safety measures and procedures in place.
- Road traffic accidents. All road users owe each other a duty of care to use the roads safely and lawfully in order to minimise the chance of themselves or someone else getting injured in a road traffic accident. All road users should follow the rules and recommendations that are in the Road Traffic Act 1988 and The Highway Code to do this.
Whether you have been injured as an employee, a public visitor, or a road user, you may be able to claim for loss of earnings if your personal injury claim is eligible. Contact us today, and an advisor will be able to confirm the validity of your claim.
What Is Considered As Loss Of Earnings?
Loss of earnings is when an injury or illness has led you to be unable to work, causing you to suffer financially.
Any loss of earnings you have experienced may be compensated under the head of claim known as special damages. This is provided that you make a successful personal injury claim. Alternatively, your injuries would be compensated under general damages.
Loss of earnings doesn’t just involve lost earnings from a regular salary. Depending on how long you are expected to be off work for or how long your recovery period is expected to take, it also includes potential compensation for:
- Bonuses or potential overtime pay you would have received if you had been able to work.
- Any lost pension contributions due to being unable to work.
- An inability to advance or progress your career.
- Future loss of earnings. This is covered in more detail further down this guide.
If you believe that you are entitled to make a compensation claim for loss of earnings, please don’t hesitate to reach out to us.
How To Claim For Loss of Earnings
As aforementioned, to be able to claim for loss of earnings, you will first need to make a successful personal injury claim. This is why gathering evidence is an important step in the claims process, as having sufficient evidence could help support your chances of making a successful claim. Some examples of evidence that can help prove a personal injury claim include:
- CCTV footage of your accident taking place to establish causation and liability.
- A personal diary where you have recorded your medical treatment and symptoms.
- Copies of your medical records and notes, highlighting the injuries you have suffered.
- Witness contact details do a statement can be collected from them at a later date.
- Photographs of your injuries and where the accident took place.
What Can I Use As Evidence To Claim For Loss Of Earnings?
Evidence of your loss of earnings is essential to show what wages you have lost out on due to being injured by a third party breaching their duty of care. Some examples of evidence that could help you with claiming for your lost earnings include:
- Wage slips.
- Invoices (particularly important if you are self-employed).
- Bank statements.
If you would like more information on how to claim for a loss of earnings and what evidence you need, please don’t hesitate to have a chat with us. Our advisors can also discuss with you other financial losses you may be able to claim for as part of your personal injury claim.
How Much Can Your Loss of Earnings Compensation Be Worth?
If you work the same hours and days every week, it can be fairly straightforward to calculate your loss of earnings.
However, for people who work unfixed hours or overtime, the process differs. To calculate their losses, an average is used instead. This average is based on the last three months of wages. This average is then multiplied by the months that you have been unable to work for due to the injury.
In UK court cases, The Ogden Tables are used to help make calculating future damages in personal injury claims simple. These tables are a collection of statistical data.
What Are Future Loss of Earnings?
Future loss of earnings are loss of earnings which you might experience in the future as a result of the injury. For instance, if your injury is permanent, meaning you’re unable to return to work, your future loss of earnings could include:
- The amount of salary you would have received had you been able to continue working in the role.
- Pension contributions. As both you and your employer usually contribute to your pension on a monthly basis (based on your employment contract), your compensation can also accommodate for the amount you’ve lost from the fact that you and both your employer have been unable to do that.
- The difference in salary is due to you having to have another job as a result of the injury. If, for instance, you’ve had to take a job with a smaller wage, the difference across a number of years could be calculated and contribute to your loss of earnings compensation.
Contact our advisors today to discuss your case. They may also be able to provide you with a free valuation of how much compensation you could potentially receive for your claim.
Can A No Win No Fee Solicitor Help Me Claim Loss Of Earnings Compensation?
A No Win No Fee solicitor from our panel could help you claim loss of earnings compensation if you have an eligible personal injury claim. In particular, a solicitor from our panel could offer to represent you under a Conditional Fee Agreement (CFA).
If you agree to work with your solicitor under this arrangement, you will only have to pay for your solicitor’s service fees if your case is successful. Thus, there are no ongoing or upfront service fees, and you will not be charged for their work if your case is unsuccessful.
Even if your case is successful, you will not have to pay for your solicitor’s service fees directly from your pocket. Instead, your solicitor will deduct a small percentage of your compensation. This is called a success fee. Success fees are legally capped to ensure you receive the maximum compensation payout.
Contact Us
Find out whether you have a valid personal injury claim and can claim for loss of earnings compensation today. You could also claim compensation for other sorts of losses and damages. So, if you have been injured in an accident, please don’t hesitate to get in touch with our friendly and helpful team by filling out our contact page.
Read About What Types Of Claims Can Include Loss Of Earnings Compensation
Here are some types of claims that could include loss of earnings compensation:
- How to make a serious injury claim and when you could possibly work with a serious injury solicitor.
- How to make a road traffic accident claim if there is split liability.
- What time limits are in place when starting a personal injury claim.
If you are looking to claim loss of earnings compensation, here are some useful websites:
- Gov.UK – when you could claim Statutory Sick Pay (SSP) from the Government.
- The NHS discuss when you need a fit note to take time off work within this guide.
- Guidance regarding the national minimum wage from Gov.UK.
Thank you for reading our ‘How to claim for loss of earnings’ guide. If you have any further questions regarding claiming for a loss of earnings, you can contact our advisors.