How Do You Prove Loss Of Earnings For An Injury Claim?
Last Updated 6th February 2024. By Stephen Moreau. In this guide, we’ll explain what evidence you could provide in order to claim compensation for loss of earnings after being injured due to negligence. You could potentially experience a loss of income if you were injured due to negligence and needed to take time off work to recover.
This guide will explore the best ways to evidence loss of earnings after a workplace injury. It’s important for you to regain the money you’ve lost, as you shouldn’t have to financially suffer due to someone else’s negligence.
When you make a claim for personal injury compensation can be split into two segments. The first is general damages, which is compensation for the injury itself. The second part is special damages, which compensate for the financial loss the injury has caused.
You must provide evidence in order to receive special damages, so you must prove loss of earnings in order to be compensated for it. This article will explore what evidence you can gather and how you can attain it.
Get In Touch With Our Team
Are you wondering how to prove loss of income after taking sick leave from work due to an injury? Our team of advisers are on hand 24/7 to offer free legal advice. They can chat with you to learn more about your situation, before passing you onto our panel of personal injury lawyers.
Our panel of personal injury solicitors can then discuss No Win No Fee agreements with you and plan how you can prove a loss of earnings. We recommend you contact our team of advisers by:
- Calling us 020 3870 4868 – We’re here to help 24/7
- Starting your claim online
- Use the pop-up chat window in the corner
Services And Information
- Evidence That Could Help You Prove Loss Of Earnings
- Loss Of Earnings Claim – When Am I Eligible To Claim?
- Personal Injury Compensation Calculator
- How To Prove Loss of Earning Claim When Self-Employed
- Personal Injury Claim Time Limits
- Could A No Win No Fee Solicitor Help You Prove Loss Of Earnings?
- Other Information
Evidence That Could Help You Prove Loss Of Earnings
To prove loss of earnings when making a personal injury claim, there are certain documents you could provide as evidence. The evidence you provide will need to show that your earnings have been affected by the injury or injuries you’re claiming for.
Evidence for claiming loss of earnings may include:
- Wage slips (you could provide copies of your wage slips covering the past three months to show what you were earning from your job).
- Bank statements showing how much in wages was paid directly into your bank account.
- Invoices could be applicable if you are self-employed or are a contractor.
- A copy of your most recent P60.
If a personal injury solicitor is supporting your claim, then they can offer advice and support on what evidence you could acquire to claim for loss of earnings. You can contact our advisors for free today to learn more about how our panel of solicitors could potentially assist with your claim. Additionally, you can continue reading this guide to see when you may have a valid personal injury claim.
Loss Of Earnings Claim – When Am I Eligible To Claim?
If you’ve suffered a loss of income as a direct result of negligence, you might be eligible to claim for this loss.
A valid loss of earnings claim must be related to a personal injury claim. In order to figure out if you are valid to claim for an injury, you should consider if:
- A duty of care was owed to you
- The defendant breached this duty
- You subsequently suffered harm
Depending on where your injury was sustained, the duty of care that is owed to you is set out by various legislation. For example:
- In the workplace: Under the Health and Safety at Work etc. Act 1974, your employer has a duty of care to protect your health, safety and welfare.
- In public areas: As outlined in the Occupiers’ Liability Act 1957, occupiers of a premise owes a duty of care to ensure that visitors are reasonably safe whilst on their premises
- On the roads: The Road Traffic Act 1988 states that motorists have a duty of care to drive with due care, attention and reasonable consideration for other road users
- In medical settings: Medical practitioners have a duty to provide care at a level reasonably expected of any medical professional
If you were injured due to a breach of duty of care, you could potentially be eligible to claim for your injuries and any resulting financial loss such as a loss of income. We’ll discuss examples of evidence further in this guide. Additionally, we’ll let you know how to claim for a future loss of earnings.
Personal Injury Compensation Calculator
Personal injury settlements can comprise up to two heads of claim. General damages compensate for the injury itself and the physical and mental effects it has on your life. The level of award depends on factors such as how long your treatment lasts and how long it takes you to recover.
We could provide a personal injury claims calculator; however, every case is unique. We wish to refrain from offering you inaccurate and confusing advice so, instead, we have compiled a table with figures based on the Judicial College Guidelines (JCG). The JCG is a regularly updated publication that solicitors may use when valuing injuries.
The table should be viewed as a guide only and it should be noted that the top entry in this table is an estimated figure that is not based on the JCG.
| Part of Body: | Level of Injury: | Compensation Amount: | Injuries may Include: |
|---|---|---|---|
| Multiple Serious Injuries And Special Damages | Serious | Up to £500,000+ | If you have valid grounds to claim for multiple serious injuries, then you may receive a payout covering all of these as well as related special damages, such as a loss of earnings. |
| Hand Injuries | Total or Effective Loss of Both Hands | £140,660 to £201,490 | Serious injuries resulting in major damage to both hands, leaving them useless. |
| Hand Injuries | Serious Damage to Both Hands | £55,820 to £84,570 | Injuries that have given rise to permanent cosmetic disability and a significant loss of function. |
| Injuries to the Pelvis and Hips | Severe | £78,400 to £130,930 | Extensive fractures to the pelvis involving dislocation of a low back joint and a ruptured bladder. |
| Injuries to the Pelvis and Hips | Moderate | £26,590 to £39,170 | Significant injuries to the pelvis and hips but any permanent disability is not major and any future risk is not great. |
| Wrist Injuries | Loss of Function (a) | £47,620 to £59,860 | Complete loss of wrist function, for example where an arthrodesis has been carried out. |
| Wrist Injuries | Disability (b) | £24,500 to £39,170 | Permanent disability, but some useful movement remains. |
| Elbow Injuries | A severely disabling injury. | £39,170 to £54,830 | A severely disabling injury. |
| Elbow Injuries | Less Severe Injuries | £15,650 to £32,010 | Injuries causing function impairment but not involving major surgery or significant disability. |
| Shoulder Injuries | Severe | £19,200 to £48,030 | Associated with neck injuries and involving damage to the brachial plexus. |
Compensation For Loss Of Earnings And Other Special Damages
Special damages compensate for the financial losses caused by your injuries. For example, compensation for loss of earnings, both future and past, could be awarded under this head of claim. This can include where your injuries have prevented you from working while recovering from your injuries, or permanently. It can also cover instances where your injuries have meant you need to undertake a different form of employment. Evidence, such as payslips, can be provided to prove any losses.
Other examples of financial losses that might be awarded under special damages can include:
- Care costs – For example, your injuries may cause you to need a full time carer. These costs can be reimbursed if you retain any invoices.
- Prescription fees – For instance, you may need medication to alleviate symptoms of your injury. Keep hold of any prescription receipts as evidence of this expense.
If you have any additional questions ahead of claiming for a loss of earnings or other costs under special damages, please do not hesitate to contact our advisors for free advice. They can also connect you to an expert personal injury lawyer from our panel to help you obtain loss of earnings compensation.
How To Prove Loss of Earning Claim When Self-Employed
A self-employed worker can also make a claim for a loss of earnings in a personal injury claim. To successfully do so, you would need to present evidence of both your injury and proof of your expected income.
This can come in the form of:
- Medical Records: A medical report containing records of your injury and an estimated recovery period as set out by a medical professional can help prove the severity of your injury and the period in which you will be unable to work. This can help in assessing the correct amount of income to request as part of compensation for your future loss of earnings.
- Bank Account Statements/Payslips: Evidence of your past income in the form of payslips or bank account statements can help prove your expected income and any bonuses or pension contributions. This can account for both the losses you have suffered because of your injury, and for future earnings you might wish to claim.
- Contracts: Contracts or similar documents, such as emails, or proposals you had received for work, can act as proof of a loss of future earnings in your loss of earning claim.
If you are looking for more information regarding claiming for loss of earnings as a self-employed worker, please speak to one of our advisors.
Personal Injury Claim Time Limits
The personal injury claims time limit is generally three years. That’s three years from the date you suffered your accident or three years from when you gained knowledge that the injury was due to someone else’s negligence.
If you’re under 18, the three-year time limit begins on your 18th birthday. Otherwise, a relative can act as a litigation friend to pursue the claim on your behalf before you turn 18. Similarly, if you lack the mental capacity to make a claim yourself, the three-year time limit begins when you commence recovery. On the other hand, someone you trust can become a litigation friend to pursue the personal injury claim for you.
The clock is ticking, so why wait? You can contact our team of advisers for 24/7 legal advice regarding your personal injury claim. Once you’ve had a chat with one of our advisers, you’re under no obligation to continue with our services. However, if you’d like, an adviser can connect you with our panel of personal injury solicitors who can explore No Win No Fee agreements with you.
Could A No Win No Fee Solicitor Help You Prove Loss Of Earnings?
Our panel of personal injury lawyers would be happy to discuss No Win No Fee agreements with you. Also known as Conditional Fee Agreements, they are popular as you don’t have to pay any of your solicitor’s fees unless your case succeeds.
If your case fails, you don’t have to pay the fees your lawyer has worked for. On the other hand, if your case succeeds, your lawyer will take a legally capped percentage of your compensation. This percentage will be discussed with you beforehand and is to pay your lawyer for their hard work.
Why hesitate? We recommend you contact our team of advisers by:
- Calling them on 020 3870 4868. Our advisers are available 24/7 to offer free legal advice.
- Starting your claim online. An adviser will respond at whatever time best suits you.
- Chatting with an adviser through our live chat pop-up box for an instant response.
Other Information
- How do you Claim if Injured at Work in the UK?: If you’ve suffered a workplace injury in the UK, our guide explores how you can make a personal injury claim.
- A Guide To Self-Employed Accident At Work Claims – Am I Eligible To Claim? – How To Claim?: Have you suffered a work-related injury whilst self-employed? Our article discusses how you can make a personal injury claim to compensate for your injuries.
- Can you Sue your Employer While Still Working for them?: Our guide explores your legal rights when making a personal injury claim against an employer you still work for.
- Health and Safety at Work etc. Act 1974: This legislation states the duty of care employers have for their employees and the repercussions of breaching this duty of care.
- Broken leg: If you suspect you may have a broken leg injury, this NHS article explores the symptoms, treatment, and recovery process of a leg fracture.
- How do I know If I’ve broken a bone?: Do you suspect you may have a broken bone injury? This NHS guide discusses the symptoms and treatment for a bone fracture.
- An Employer’s Responsibility Following an Accident at Work: This guide explains what an employer’s responsibility is following an accident at work.
Thank you for reading our guide on how to prove loss of earnings for an injury claim.
