If you’ve suffered an accident or injury that prevents you from working, it doesn’t take long for financial worries – especially lost income –  to start piling up. The good news is that you may be able to claim back your lost earnings as part of a personal injury case, something many people don’t realise. 

This guide will help you understand the process of how to claim loss of earnings and what is required of you, no matter if you’re employed, self-employed, or facing lasting changes to your ability to earn.

Can you claim back lost income after an accident?

If you believe that another party was responsible for your injury, and you’ve suffered loss of earnings as a result, you might be able to claim it back through a personal injury claim. 

Compensation won from these claims is split between general damages, which covers the pain and suffering of your injury, and special damages, which covers the financial implications. Loss of income falls under special damages.

What counts as lost earnings?

Lost earnings is more than just salary loss. It can also include:

  • Overtime pay
  • Bonuses
  • Commission
  • Shift allowances
  • Tips (if regularly earned)

Most personal injury claims look at your net income, that’s your earnings after tax and national insurance. So all the above will be included in discussions about claiming lost wages.

How are loss of earnings calculated?

Calculating compensation for lost income is worked out differently for different employment statuses:

Employed

If you are employed, your lost earnings are calculated by looking at your payslips from the previous 3-6 months, the amount of days you missed at work and any statutory sick pay you received during your time off.

Self employed

For self-employed loss of earnings, the process can be more complex. You’ll need to provide tax returns, invoices or job bookings for cancelled or missed work, as well as bank statements that show income patterns.

Either way, keeping detailed records of your loss of income will assist in a future personal injury claim process.

Can you claim for future loss of earnings too?

Yes, if your injury makes it harder to work, and therefore earn, in the long-term, you might be able to claim for future lost income to help support you later on.

These claims are more complex and have a better chance of success with the following evidence to back them up:

  • Medical reports
  • Occupational therapy or expert assessments
  • Consideration of missed career progression or promotions

For that last one, if you previously worked in a physically demanding job and are now relegated to one at a desk and for less money, you might receive compensation that could be included in your claim.

What proof do you need to support your claim?

To successfully make a claim for lost income, you’ll need to collect as much evidence as possible around your injury. The best evidence to include is:

  • Accident report — Secure a copy of your workplace’s legally required accident book. This report should detail the time, date and circumstances of your injury.
  • Photographic evidence — Take as many photos of your injury, the accident scene and any faulty equipment that may have caused your injury. 
  • Medical records — Gather all doctor’s notes, X-rays and other relevant reports. These documents are vital to a successful case.
  • CCTV footage — If available, get a hold of CCTV footage of the accident. This footage might provide a clear and objective view of the events.
  • Witness statements — Witnesses statements can significantly assist in your claim.
  • Financial records — Keep records of all costs related to your injury, including medical expenses, travel expenses for medical appointments and lost wages. Use receipts, invoices and bank statements to back this up.

If you need assistance gathering any evidence in your case, get in touch with our experts at Express Solicitors.

Is there a time limit for claiming?

All personal injury claims typically have a three-year time limit in the UK. So act quickly if you’d like to secure compensation, whether for special damages or general damages.

There are exceptions, like if the injured person is a child or lacks mental capacity, but generally you have three years from the discovery of the injury, your diagnosis or the date of your accident.

Tips for making a successful claim

To make a successful loss of earnings claim, you’ll need to take a few steps that can help:

  • Keep strict records of the days you were absent due to injury.
  • Track all missed income, including overtime and bonuses.
  • Keep all correspondence with your employer, clients or customers.

If you are looking for assistance in making a claim, speak to a solicitor early. Express Solicitors can help you make sure you’re claiming the full amount you’re entitled to — not just your basic salary.

How Express Solicitors can help

If you’ve missed out on income due to someone else’s negligence, that financial pressure shouldn’t fall to you. Whether you’re an employee, a freelancer or running your own business, you have a right to claim back what you’ve lost.

At Express Solicitors, we’ll handle the process on your behalf, from start to finish. And our no-win, no-fee model will make sure you don’t pay a penny unless your case is successful. Ready to begin? Get in touch with us today.