Personal Injury and Loss of Earnings – What Can You Claim?

If you have been involved in an accident at work or a road traffic accident, and the injury you sustained has made you unable to work, you may be eligible to make a personal injury claim for loss of earnings. At SilverOak Solicitors, we understand how overwhelming legal matters can be, which is why we offer our services on a No Win No Fee basis.

What is Loss of Earnings?

What we call “loss of earnings” is really just the money you would have made from working if something had happened to prevent you from doing so. You can make a claim for-

• Salary/wages for time missed at work.
• Bonuses, commissions, or overtime you would have accrued.

Future Loss of Earnings

Should your injury affect your future (either temporarily or permanently) capacity to work, you could be entitled to payback for the wages you would have missed. Usually, professionals or actuaries who project your future income over time help you to compute this.

What Proof do you Need?

You will need strong proof to effectively assert loss of income resulting from a personal injury. Your case will be stronger the more precisely and thoroughly correct your documentation is.

Medical Records and Documentation

• Doctor’s Reports: A medical report or certificate from your healthcare provider that confirms the nature and severity of your injury, the treatment required, and how it affected your ability to work.
• Hospital Records: Any discharge records or documentation proving the degree of your injuries and the need of recovery time.
• Medical Receipts: Retain all records and invoices for treatments, drugs, and rehabilitation services as well as for your claim for medical expenses and missing income.

Employment Records

• Payslips/Salary Statements: Copies of your payslips or salary statements illustrating your usual earnings should be sent.
• Tax Returns/Income Records: Your most recent tax returns, or other income records displaying your annual income, either last year’s or another.
• Employer Letter/Statement: Your regular income or salary; a letter from your company verifying the dates you missed work due to an injury; any bonus or overtime compensation you would have gotten if you had been able to work. If you are claiming future loss of income, this especially helps.
• Employment Contract: This shows the terms of your employment, including your salary and any benefits (such as sick pay).

Proof of Lost Earnings

• Proof of Overtime or Bonuses: If you typically earn overtime or bonuses, provide evidence (e.g., records of previous overtime, commission reports, or evidence of expected bonuses) to show the total amount you would have earned during the period you were unable to work.
• Employment Schedule: If you were on a shift pattern or had expected working hours, providing a work schedule can help show that you would have been working during the period of your injury.

Evidence of Future Loss of Earnings (if applicable)

• Medical Prognosis: A thorough medical report or prognosis from your doctor outlining the long-term effects of your injury and how it will compromise future employment capacity.
• Expert Testimony or Actuarial Reports: Should future income be affected, experts could be required to project long-term possible revenue loss. These professionals can be actuaries or vocational rehabilitation experts able to offer proof of your projected future earning capability.
• Employment Impact Assessment: An evaluation of how your ailment can restrict your capacity to keep up your present job, work less hours, or accept a lower-paying position.

Documentation of Other Financial Losses

• Sick Pay or Benefits Records: If you took time off from work and received government benefits or sick pay, document or record the total and length of payments.
• Proof of Reduced Working Hours: If you returned to work but had to cut your hours because of an injury, document this decrease and how it impacted your income.

Photographs and Video Evidence

• Photos or Video of Injury: Pictures of the injury, medical visits, or the incident location might support the degree of the damage and the need of time off from work.
• Progression of Recovery: Pictures or videos depicting your healing process—that is, during physical therapy or rehabilitation—may help to highlight how the injury is affecting your capacity for work.

Witness Statements

• Statements from any witnesses to your accident or injury—such as colleagues or those present at the time of an automobile accident—can support your version of events and demand for time off from work.

How a Personal Injury Solicitor can Help

If you require guidance after being in an accident, a personal injury solicitor can help you build your case and claim compensation. We can also help you with information regarding the out-of-pocket expenses that could potentially be involved in your personal injury case or accidents.

At SilverOak Solicitors, our team of experienced personal injury solicitors will evaluate your claim and offer insight into the most effective course of action. Contact us to speak with one of our personal injury experts about your case today.