Personal injury advice from
Thompsons Solicitors
Loss of Earnings
If you have suffered a personal injury as the result of an accident or clinical negligence, or you have developed an industrial illness, you may be in a position to make a compensation claim. If you have been unable to attend work because of your injury and have suffered a loss of earnings, this could also be reclaimed as part of your compensation.
Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online, for expert legal advice about your potential case.
Personal Injury Claims
Loss of Earnings
Compensation
Making a Claim for Loss of Earnings
Our Expert Personal Injury Lawyers
Previous Claims for Lost Earnings
Personal Injury Claims
The term personal injury refers to any injury sustained by an individual, usually through an accident but sometimes as a result of exposure to a hazardous substance or due to medical negligence. Injuries like fractures, burns or wounds are considered personal injuries and also certain conditions, such as industrial deafness, asbestosis or occupational dermatitis.
A personal injury claim is often possible if it can be proven that the injury sustained was caused by the negligence of someone else. This may be, for example, another driver in a road accident, an employer in the case of an accident at work, or a business owner in an accident in a shop or supermarket.
In addition to compensation for the injury itself and any pain and suffering the person has gone through, a claim can also be made for financial losses resulting from the injury, including any loss of earnings.
Loss of Earnings
Suffering a personal injury may mean that you are unable to work until you have recovered. In serious injury cases a person may never be able to return to the job that they did before the accident or illness, or they may no longer be fit for any type of work at all.
Dependent upon the contract that you have with your employer, you may be paid in full during sickness absence, you may receive partial pay, or you may not be paid at all. Statutory Sick Pay (SSP) is payable to many employees if their employer does not have a sick pay scheme, subject to certain criteria, however it does not provide the same amount of income as an employee’s normal wage.
Any reduction in your income following a personal injury is knows as a ‘loss of earnings’. This may also include a loss of bonus payments, shift allowances or overtime that you would have received if your injury had not occurred.
Self-employed individuals can also suffer a loss of income and some may even struggle to keep their business running.
A loss of earnings can cause undue financial strain and the injured party may have difficulty covering mortgage payments, bills and expenses. This can be very stressful and upsetting at an already difficult time.
If a person has to give up work altogether, or is only able to work in a reduced capacity, their future earnings and pension entitlement may be affected. This can also be taken into account when a personal injury claim is made.
In certain cases where an injured person has experienced a loss of earnings, the other side may provide an interim payment to cover such expenses as mortgage payments, bills and other household expenses.
If you have been injured and would like to know if a compensation claim is possible, it is important to seek the advice of an experienced personal injury lawyer. Contact us on 0800 0328511 or complete a claim enquiry form for confidential advice.
Compensation
There are two elements to a compensation award:
General Damages
An award of general damages is made in respect of the pain and suffering you may have gone through and any loss of amenity (an inability to do things that you could do before, perhaps wash your car, look after your garden or drive a car). The award for loss of amenity can be for a short period after an injury or for ever if that is what the medical evidence supports.
Special Damages
The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident or illness had never occurred. Any claim for lost wages would fall under special damages.
It is important to keep receipts for any expenditure you have related to the accident or illness so that these can be reclaimed. This may include expenses for medical treatment, transport costs and the cost of replacing damaged items of personal property.
In serious cases, where a person may have to alter their lifestyle or home as a result of their injuries, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations.
Making a Claim for Loss of Earnings
It is always important to seek prompt, specialist legal advice if you believe that you may be entitled claim compensation. Your lawyer will collate all of the evidence and information and advise on how best to pursue your claim to the best possible outcome.
You should also try to keep as much evidence and information as possible to help your case, including receipts for any injury related expenses.
More often than not, when a personal injury claim is put forward the insurers will negotiate a reasonable settlement figure with your solicitor to bring the claim to a conclusion.
Sometimes however the insurers will try to deny liability, refuse to negotiate or delay the matter. In these instances your lawyer should pursue the case through court proceedings, so long as they feel that the case has a good chance of success.
Dependent upon the circumstances, including the response from insurers, injuries sustained etc, a personal injury compensation claim can either be concluded in a matter of months or take a year or more. Visit our page on the personal injury claims process for further information.
Our Expert Personal Injury Lawyers
Our lawyers are experts in all areas of personal injury, with a wealth of experience in securing compensation for the innocent victims of accidents, industrial diseases and medical negligence.
We look not only to recover the maximum compensation possible for the injuries our clients have suffered, but also compensation for any losses they have incurred through no fault of their own, including lost earnings.
Contact The Legal Line for cost-free, sympathetic advice if you feel you may be entitled to claim.
Previous Claims for Lost Earnings
For details of some of the many accident or illness victims who have received compensation for their injuries and lost earnings with our help, visit our personal injury news and client stories sections or follow the links below:
Poor Manual Handling Procedures Cause Injury to Youth Centre Employee
£60,000 Compensation for Vibration White Finger Sufferer
Road Accident Passenger Receives Over £26,000 Compensation
Clinical Negligence Compensation for Discharged Soldier
Pedestrian Injured in Road Accident Receives £13,000 Compensation
Engineer Suffers Neck and Shoulder Injuries due to Unsafe System of Work
Ambulance Technician Injured at Work in Manual Handling Accident
Council Employee Injured at Work Receives Damages
Silicosis Compensation Claim for Former Foundry Worker
Clinical Negligence Compensation for Victim of Laser Eye Surgery Error
Compensation Awarded in Occupational Dermatitis Claim
Injured Customer Receives Compensation for Accident in Shop
Tripping Hazard in Workplace Results in Serious Knee Injury
Compensation Claim for Woman Injured in Fall From Boat
Cycling Accident Victim Compensated for Serious Shoulder Injury
Spilt Oil Causes Workplace Slipping Accident
Personal Injury Claim for Fall Down Manhole
Plumber Injured at Work in Fall From Faulty Ladders
Compensation Claim for Fitter Injured by Falling Object at Work
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Testimonials
"It wasn't realistic for me to work any more and the loss of my income placed an additional strain on us."
Jane Evans
Mother of Rebecca
Personal Injury News
