Accident At Work – Lost Wages Due To A Work Injury – How Do I Claim Compensation?

Lost wages due to a work injury

Lost wages due to a work injury

If you intend to make a claim for an injury at work it is possible if your claim is successful that you could be reimbursed for any loss of earnings you suffer.

Our guide explains how it may be possible to claim loss of earnings if you are injured at work due to your employer’s negligence, and what sort of damages and losses you could receive. We also provide a table showing amounts you could receive in general damages in a successful claim. We offer advice on how to prove lost wages and any future income loss if you are unable to work again, whether you are an employee or other member of staff in a workplace.

Our guide provides essential advice regarding interim payments, and the time limits associated with accident at work claims. We offer information on how a No Win No Fee solicitor may be able to act on your behalf, and we explain how you could benefit from signing a Conditional Fee Agreement.

For more information on claiming lost wages due to a work injury, please continue reading our guide. If, however, you would like to discuss your case with a member of the Public Interest Lawyer’s team, please call an adviser on 0800 408 7825.

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A Guide To Claims For Lost Wages Due To A Work Injury

Our guide to claims for lost wages due to a work injury provides essential information on how to go about pursuing a claim. We explain how the loss of income could put you in financial difficulty, and how this type of loss is defined. We have included a table indicating how much a work injury claim might be worth, offering an idea on how much you could be awarded in general damages for the pain and suffering you had to endure.

Our guide explains how special damages are calculated, and what can be included in a successful work injury claim. We also provide essential advice on how to prove your lost wages and any future income if your injuries prevent you from returning to work. We offer information on what documents would be required to support special damages which includes loss of earnings whether you are an employee or other member of staff within an organisation/working environment.

The guide also offers essential advice on how you could request interim payments should your work injury claim be complex and therefore it may take longer to reach a final settlement. We provide information on the time limits that must be respected if you want to pursue an accident at work claim. We also explain how signing a No Win No Fee Agreement could benefit you financially because there would be no fees to find at the outset of your claim and none to pay your solicitor if your claim is unsuccessful.

To discuss a work injury claim and how you could include lost wages in your claim, please speak to Public Interest Lawyers today.

What Is A Loss Of Wages Due To A Work Injury?

Suffering a work injury can make your life more challenging. Having to take time off work to recover from an injury can put you under a lot of financial pressure not to mention the mental and physical strain you have to cope with.

You may have sustained a minor work injury, or you could have suffered something a lot more serious. If your injury was caused due to a breach in health and safety legislation you may have grounds to pursue a claim, if you lose earnings because of this they could be included in your settlement if your claim is successful. You must show evidence of your loss in earnings but as it is a work injury your company may already have this.

If you would like to discuss an accident at work claim with one of our advisers, please call Public Interest Lawyers today.

How Are Lost Wages Or Earnings Defined?

When you seek compensation for a work injury, you would be awarded general damages for the pain you were caused, and special damages for your losses and expenses in a successful claim. Special damages are defined as ‘actual’ out of pocket expenses and losses (income) you had to cope with because you were injured in the workplace.

When it comes to lost wages, proof must be provided to support any losses and future income losses you would like to include in an accident at work claim.

Lost income can include the following:

  • Lost earnings you incurred during your recovery and before your eventual return to work. This covers the loss of your basic income
  • Loss of overtime income potential – you must provide proof that you lost out on potential overtime income during your recovery
  • Loss of pension income – this would depend on your terms of employment
  • Holiday days – most standard contracts of employment include public and discretionary holidays you may be entitled to take as an employee. If you have to use up holiday days during your recovery, you should be able to claim these in a successful accident at work claim
  • Sick days – your contract of employment will outline how your salary is paid to you when you are off work sick. Should your income be impacted, you may be able to claim these back
  • Lost benefits and perks – you may have missed out on perks and benefits during your recovery. If so, you may be able to include the losses in your accident at work claim for compensation
  • Lost commissions/bonuses – if during your recovery you miss out on commissions and bonuses, you may be able to claim these back

For more information, please call a member of the Public Interest Lawyer’s team today.

Online Work Injury Compensation Calculator

The table below provides an idea on general damages that you may be awarded in a successful work injury claim. General damages are awarded to cover the pain and suffering your injuries cause you. The amounts indicated are based on the Judicial College Guidelines and do not include any special damages which are covered in the next section of our guide.

TypeSeverityCompensationAdditional Comments
Psychiatric DamageSevere£51,460 to £108,620A mental state of continued and severe anxiety brought about by a traumatic accident or crime.
Digestive System DamageSevere£40,370 to £58,100Severe damage caused to the functionality of the digestive system brought about by the consequences of a serious accident.
Back InjuryModerate£26,050 to £36,390A back injury with significant pain and the high probability of spinal fusion surgery.
Tibia Or Fibula FractureMildUp to £11,110A simple fracture of either the tibia or fibula bone with a full projected recovery.
Lost TeethMild£1,020 to £1,600A loss of or damage to any teeth at the back of the mouth.

Special Damages In Work Injury Claims

As previously touched upon, when you make a personal injury claim, the compensation awarded would be in two parts. General damages for the pain and suffering you were caused, and special damages for losses and out of pocket expenses. Special damages are calculated on ‘actual’ losses and other expenses which means receipts and other relevant documentation detailing any losses must be produced.

Losses and expenses which you could include in a work injury claim are detailed below:

  • Care costs should you require assistance with daily chores around the home during your recovery
  • Medical expenses which include the cost of prescriptions, private treatment, therapy, and rehabilitation
  • Travel costs, this can include the amount you pay out to get there and back to the place where you are being treated. You could also include parking fees you paid out at a medical facility

When it comes to claiming lost earnings, providing you can produce evidence of your losses, you could include the following in a work injury claim:

  • Lost earning during your recovery which covers you basic pay
  • Loss of potential overtime
  • Lost pension income (depending on the terms of your employment)
  • Holiday days if you had to use up any during your recovery
  • Sick days – your employment contract should provide information on how much of your salary would be paid during the time you are off work recovering/sick
  • Lost perks and benefits if you missed out on any during your recovery
  • Lost bonuses/commissions if you lost out on any during your recovery

For more information, please call a member of the Public Interest Lawyer’s team today.

How Do You Prove Past Lost Wages Due To A Work Injury?

In order to claim lost income due to a work injury, you must correctly calculate your losses with supporting evidence to prove your claim. It is more complicated than just taking the amounts from your payslip or your tax return. However, claiming lost income can be complex if pension contributions and other items are deducted from your pay which is why it is always best to seek the advice of a legal expert when claiming lost income in an injury at work claim.

The sort of evidence required is detailed below:

  • To gather as much supporting evidence as soon as you can following a workplace accident
  • To provide payslips that cover three months, or thirteen weeks prior to the workplace accident in which you sustained an injury
  • If you are claiming bonuses and overtime, proof of this.

To discuss lost wages as part of your claim with a Public Interest Lawyer adviser, please call a member of our team today.

How Do You Prove Future Lost Wages Due To A Work Injury?

To claim loss of future earnings, you would need to produce medical evidence which details why you are unable to return to work and the prognosis for recovery. Without the required medical report, you may not be able to claim lost future income and the report must be provided by a medical specialist/consultant.

For more information, please get in touch with Public Interest Lawyers today.

Lost Wages If You Are Unable To Return To Work After Your Injury

Should you have sustained severe injuries and unable to work again, you would need to work out when you would be likely to retire before calculating how much income you will lose. It is worth noting that if it is found that this involves a long period of time, other factors like promotion can be taken into account.

To speak to a member of the Public Interest Lawyer’s team, please get in touch today.

What Documents Could Help You Provide Evidence Of Proof Of Earnings?

To claim lost income in an accident at work claim as a consequence of having to take time off to recover, you need to provide evidence to support your claim. This would mean producing the following:

  • Your payslips prior to suffering the injury at work
  • Evidence of missed opportunities, bonuses and commissions.

To discuss a lost wages claim as part of your overall personal injury claim with a member of the Public Interest Lawyer’s team, please get in touch today.

Proving Lost Wages For Other Types Of Employees

If you are working on a self-employed basis and you suffer an injury that prevents you from working, it may be possible to make a claim for the injury against those responsible for your suffering. This claim could include any income you have lost as a consequence if the case is successful. However, you may need to produce the following evidence to support your claim:

  • The previous year’s business accounts. This would establish your average income which in turn helps work out any profit losses you incurred.
  • Tax returns
  • Proof of work projects in the pipeline prior to your injury which you were unable to carry out due to the injury you suffered
  • A record of the time (days) you were or are unable to work

For more information, please contact Public Interest Lawyers today.

How To Claim Interim Payments If You Are Struggling Financially

If your work injuries are such that you are unable to work for an extended period of time and a final settlement would take longer to reach which has put you in financial difficulties, you could request that you receive ‘interim payments’ providing liability has been admitted by the third party. This would be paid by the defendant’s insurers.

To discuss interim payments with a member of our team, please call Public Interest Lawyers today.

Time Limits In Which To Claim For A Work Injury

There are time limits which must be respected if you make an accident at work claim that includes lost wages, and future earnings. These are as follows:

  • Three years from the accident date
  • Three years from date of knowledge
  • Under 18 – parent or guardian can act as litigation friend, from 18th birthday if no claim is made the three years starts
  • Loss of mental capacity – litigation friend can pursue a claim on the claimant’s behalf or they can wait until they recover in which the three years will start.

If you would like to discuss the time limit that could apply to your lost income claim, please call Public Interest Lawyers today.

No Win No Fee Claims For A Work Injury

When you contact a member of the Public Interest Lawyer’s team, you would be offered an initial consultation which is free of charge. Should you decide not to pursue a work injury claim, you would be under no obligation to do so. This first consultation allows us to assess your case and once it has been determined that your claim is valid, you would be offered to be connected with a No Win No Fee solicitor.

No Win No Fee means the only time you pay for the legal services provided, is when you are awarded compensation in a successful work injury claim and the amount, the success fee, is taken from the money you receive. The balance is then paid directly to you.

If you lose your claim, there would be nothing to pay a No Win No Fee solicitor because you signed a Conditional Fee Agreement with them. For more information, please get in touch with Public Interest Lawyers today.

Speak To Our Team

If you are ready to make a work injury claim, you can contact a Public Interest Lawyer’s adviser in the following ways:

By telephone – calls are free on 0800 408 7825

By filling out our online form by clicking here

An adviser is here to assist you.

References

For more information regarding time limits associated with work injury claims, please follow the link provided below:

Time limits for making an accident at work claim

If you would like more information on employer responsibilities in the workplace, please click on the link below:

Employer responsibilities

For more information on how a personal injury solicitor can assist in when making a fall injury claim, please follow the link below:

A guide to slip, trip and fall claims

Article by OO

Publisher EC.