Coming to terms with an accident or the negligence of someone else, it can feel like navigating a whirlwind, and the financial uncertainty of lost wages can only add to the storm. You’re not alone. This guide, aims to demystify the process of recovering lost wages in a personal injury claim after an accident.
If you were not at fault for your accident or your experienced negligence by another that was not your fault, you may be entitled to compensation for lost earnings. Whether it was a car crash, a slip, trip, or a medical negligence, understanding your options can empower you during this difficult time.
In order to claim loss of earnings in a personal injury claim, it is important to check whether you have the grounds to take a claim. It is necessary for your claim to have reasonable prospects of success. This means that we can show that you were owed a duty of care by the person causing the accident or negligence which resulted in you being injured. We can then look at whether you have a claim for loss of earnings.
The key to reclaiming lost wages is documenting your financial impact. We help you gather supporting documents like:
The lost wages must be directly attributable to the accident or negligence which caused your injury.
If you are on a zero hours contract or you are self-employed, the amount you earn can vary from month to month. Do not worry about being on a zero hours contract or self-employed as there are ways in which we can calculate any loss of wages you may have.
In your claim, we will look at what you have lost since the accident in wages and look to medical experts and information we have helped you recover to decide whether future loss of earnings can be claimed in addition to past wage loss. It may be that the type of injury you have sustained has reduced your earning capacity for the future. Future loss of earnings requires careful consideration and guidance from us when being calculated. It will require input from medical experts which we will secure and work with you as a team.
If you earn additional income through working overtime or commission payments made in the course of your employment, they can be included in your loss of earnings compensation. For overtime it will be necessary to prove that you normally work the extra hours each month and the overtime was available during the time you have been absent due to your injury.
For commission we will need to assess whether you have received a reduction in commission because of your injuries over a period of time. This can be a complex area and you are better to get the support of a personal injury solicitor to ensure you get what you are entitled.
When looking at loss of earnings both past and future it is necessary to deduct any Statutory Sick Pay (“SSP”) whilst you were off work or any payment covered by your employer’s own sick pay policy. It is mandatory that this is considered.
As part of a personal injury claim, you have the right to be ensure that any pension is in the same position had it not been for the accident or negligence that caused your injury. If you are absent due to injury for a long time it is crucial that your pension is
You will need to be independently assessed by an appropriate medical expert to prove the extent of your injuries. In some more complex cases, this may be a team of experts. The expert will examine you and all the documentation we have recovered to give their opinion as to how much you have suffered due to your injuries. Their report about your prognosis will be important when looking at future and past earnings loss.
Here's a roadmap to navigate the legal landscape where, once instructed we can help you undertake:
While recovering physically and emotionally, this guide offers a roadmap to reclaiming what you've lost. Remember, you deserve compensation for the impact this accident or the negligence has had on your life and finances. Take a deep breath, gather your documents, and take the first step towards reclaiming your financial ground by contacting us. You're not alone in this journey.
We hope this guide empowers you on your path to recovery and a just resolution. Any questions please just ask.
This guide is not a substitute for professional legal advice. Always consult with a qualified solicitor to discuss the specifics of your case.
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