How Do You Prove Loss Of Earnings For An Injury Claim?

By Daniel Poole. Last updated on 6th January 2022. Welcome to our guide on how to prove loss of earnings for an injury claim. Suffering an injury can be stressful, but what happens when you have to prove loss of earnings? Many people have to take sick leave from work due to their injuries and may miss out on a full income because of this. You may be unsure how to prove the loss of this income. It can be even more confusing learning how to prove it when self-employed.

Loss of earnings for an injury claim

Loss of earnings for an injury claim

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:

Services And Information

  1. Everything You Need To Know About How To Prove Loss Of Earnings
  2. What Does Loss Of Earnings Mean?
  3. When Can You Claim Loss Of Earnings?
  4. Personal Injury Compensation Calculator
  5. How To Work Out Your Loss Of Earnings Claim
  6. How To Prove Future Loss Of Earnings
  7. Proving Lost Overtime, Sick Pay And Other Benefits
  8. How Do I Prove Lost Pension Contributions?
  9. How To Prove Loss Of Earnings When Self-Employed
  10. Evidence That Could Help You Prove Loss Of Earnings
  11. Personal Injury Claim Time Limits
  12. Do You Handle Loss Of Earnings Claims On A No Win No Fee Basis?
  13. Other Information
  14. FAQs About Loss Of Earnings Claims

Everything You Need To Know About How To Prove Loss Of Earnings

As mentioned in the above sections, this article will explore how to find proof of loss of earnings. If your employer doesn’t provide company sick pay, you could experience a loss of earnings when you take time off from work; in this case, due to an injury. The guide will discuss what exactly loss of earnings means and when you could claim for it. 

There will also be a compensation calculator table including figures highlighting how much you could receive for injuries in a personal injury claim. Next, there will be a section showing you how to work out your loss of earnings claim. There will also be a section describing how to approach proving a future loss of earnings, as well as proving lost overtime, sick pay, and other benefits.

The article will also talk about how you can prove lost pension contributions, as well as a section about how to prove loss of earnings when self-employed. Additionally, there will be advice regarding what evidence you could use to prove your loss of earnings, as evidence is a factor in how much special damages compensation you could receive.

What Does Loss Of Earnings Mean?

To receive the money back that you’ve lost through taking sick leave from work, you’ll need to prove how much money you lost. You’ll also need to provide evidence in order to prove you suffered financially due to your injury. If you work a set amount of hours and earn a set salary, it could be quite straightforward for you or your personal injury lawyer to calculate your loss of earnings.

However, if you work different hours each week, it can be a little more complicated. If you choose to use the services of a personal injury lawyer, they might look at your past wage slips and bank statements over the past few months to calculate your average earnings. This figure could then equate to your loss of earnings.

You could also investigate how many extra hours you’re usually paid for each month to estimate how much overtime pay you’ve lost. This may all sound long-winded and complicated. A solicitor could work this out for you.  

You can contact our team of advisers today to receive free legal advice regarding your loss of earnings claim. Once an adviser has learned more about your situation, they could connect you with our expert panel of personal injury lawyers who can discuss No Win No Fee agreements with you and begin your personal injury claim. Let us help you gain your loss of earnings back today. 

When Can You Claim Loss Of Earnings?

You can be eligible to claim loss of earnings for an injury claim if the injury was caused by someone negligence. Additionally, the injury must have been severe enough to result in you being unable to attend work. In many workplaces, if you can’t fulfil your duties then you will not be paid.

Because of this, personal injury includes the legal right to reclaim lost wages due to an injury that was not your fault. You will need to have official documentation such as payslips to prove how much you were earning before the injury, and that you are actually employed.

If you are not able to produce any evidence of the lost money or wages caused by your injury, you are likely to find it much more difficult to make a claim for loss of earnings. It may even be impossible in some cases.

In extreme circumstances, your injuries may mean that you can never return to work. In these cases, a calculation will be made to work out how much you could have earned from the date of your injury until the age you would have retired.

Statistics For Accidents At Work

The graph below displays a breakdown of some of the most common causes of workplace injuries over the period of 2020/21. As you can see from the statistics, falls on the same level accounted for the majority of reported injuries.

However, all of the causes listed have the potential to result in injuries that lead to you being unable to work for various periods of time. Even if your physical injuries heal relatively quickly, you could be left with psychological damage that may be more difficult to overcome. Loss of earnings can also be claimed in these circumstances.

Loss of earnings for an injury claim statistics graph

Loss of earnings for an injury claim statistics graph

If you are still unsure as to when you can be eligible to make a claim for loss of earnings for an injury claim. Get in touch with our advisors today.

Personal Injury Compensation Calculator 

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 below shows the compensation amounts some people could achieve based on specific injuries and their severity/level of injury. There is also an extra section explaining what symptoms the injuries may include and what the awarded bracket could be.

Part of Body:Level of Injury:Compensation Amount:Injuries may Include:
Shoulder InjuriesSevere£18,020 to £45,070Associated with neck injuries and involving damage to the brachial plexus.
Shoulder InjuriesModerate£7,410 to £11,980Frozen shoulder with limited movement and discomfort and some symptoms persisting for over two years.
Injuries to the Pelvis and HipsSevere£73,580 to £122,860Extensive fractures to the pelvis involving dislocation of a low back joint and a ruptured bladder.
Injuries to the Pelvis and HipsModerate£24,950 to £36,770Significant injuries to the pelvis and hips but any permanent disability is not major and any future risk is not great.
Elbow InjuriesA severely disabling injury.£36,770 to £51,460A severely disabling injury.
Elbow InjuriesLess Severe Injuries£14,690 to £30,050Injuries causing function impairment but not involving major surgery or significant disability.
Wrist InjuriesLoss of Function (a)£44,690 to £56,180Complete loss of wrist function, for example where an arthrodesis has been carried out.
Wrist InjuriesDisability (b)£22,990 to £36,770Permanent disability, but some useful movement remains.
Hand InjuriesTotal or Effective Loss of Both Hands£132,040 to £189,110Serious injuries resulting in major damage to both hands, leaving them useless.
Hand InjuriesSerious Damage to Both Hands£52,310 to £79,360Injuries that have given rise to permanent cosmetic disability and a significant loss of function.

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

Special damages compensate for the financial impact the injury has had on you. Examples of special damages could include:

  • Your partner’s loss of earnings
  • Your loss of earnings
  • Travel (necessitated by the injury)
  • Medical bills
  • Additional care

You should provide evidence in order to receive special damages. For example, bus tickets can prove you travelled to and from doctors’ appointments.

How To Work Out Your Loss Of Earnings Claim

The table below demonstrates how to work out your loss of earnings claim:

Month:Net Wages from Wage Slip:Net Annual Income Based on Average Wage:Net Daily Wage Based on 5 Days per Week:Number of Absent Days Due to Injury:Net Loss of Income:
March 2019£1,500
April 2019£1,600
May 2019£1,650
Average Monthly Wage (sum of net wages divided by 3)£1,583.33£18,999.96 (average monthly wage x 12 months) £73.07 (£18,999.96 divided by 52 weeks divided by 5 days)16 days £1,169 (16 x £73.07)

The above table doesn’t take into account whether or not your received some sick pay or any Statutory Sick Pay (SSP). Please also note that your number of days absent must have evidence to support it. 

If you require assistance working out your loss of earnings, you can reach out to our team of advisers who are available 24/7 to offer free legal advice. They can help see if you have a formidable case, before connecting you with our panel of personal injury lawyers to begin your personal injury claim.

How To Prove Future Loss Of Earnings

Future loss of earnings claims are sometimes required when someone’s injury is so severe that it’s uncertain when they can return to work. If your injury is this debilitating, you may be able to make a personal injury claim for future loss of earnings. 

Additionally, if you originally returned to work but had to take more time off again as your injuries worsened, you may still be able to make a personal injury claim if you are capable of proving future loss of earnings. 

Moreover, if you can evidence that your injury has left you with limited career progression prospects in the future, you may also be able to claim for future loss of earnings. This is because your injury may have prevented you from progressing in work and therefore stopped you from earning the money you could have.

Please note that you cannot receive compensation for loss of earnings if you chose to take the time off work. You must prove that your injury prevented you from going back to work in order to be reimbursed for your loss of earnings.

Proving Lost Overtime, Sick Pay And Other Benefits

What evidence is needed for a personal injury claim? In terms of extra hours, if you were regularly working overtime before you suffered your accident, you may be able to claim for this if you can provide proof of loss of earnings. You will be required to show that overtime would have been possible for you if you hadn’t had to take time off work due to your injury. 

Furthermore, you may want to recover loss of earnings if you had to take unpaid sick or holiday days whilst off work for your injury. Holiday days are owed to workers to repay them for their hard work throughout the year, so they shouldn’t be taken away from you because you suffered an injury that wasn’t your fault. You could claim compensation for the value of every unpaid sick day and holiday day you were made to take whilst off work for your injury.

Moreover, many companies reward employees with performance-based benefits, such as paid rewards or bonuses for attendance. If you can prove that you would have received an attendance bonus had you not been injured, you may be able to recover the loss. You should provide evidence that you were progressing towards this goal and would have reached it if your injury didn’t require you to take time off work.

How Do I Prove Lost Pension Contributions?

Missing pension payments due to taking time off work for an injury can add to your future loss of earnings. The pension payments process means that even a slight difference in the amount you pay towards it can have a significant financial impact in the future. 

If you’ve missed pension payments due to your injury, you may be able to recover them in your potential compensation for future loss of earnings. You must provide evidence to support your claim that you usually made regular pension payments and only stopped due to your injury.

If you’d like more guidance regarding lost pension contributions, our team of advisers would be happy to help. You can contact them today for 24/7 free legal advice regarding your claim.

If you wish to proceed with your personal injury claim, they can connect you with our expert panel of personal injury solicitors who can discuss No Win No Fee agreements with you. 

How To Prove Loss Of Earnings When Self-Employed

Some people are unsure how to prove loss of earnings when self-employed. However, it’s important to be aware that all self-employed people can claim for loss of earnings. 

However, the personal injury claims process can be slightly more long-winded. You may have to:

  • Calculate how much financial loss you’ve already incurred.
  • Work out how much future loss of earnings is likely to occur, by using a future loss of earnings calculator.
  • Keep a record of invoices and receipts to help you provide proof of loss of earnings.
  • Keep records of contracts and orders that you’ve been unable to fulfil due to your injury.
  • Tell your accountant that you’re off work due to your injury.
  • Have 3 years of company accounts to support your claim.

You can get in touch with our team of advisers to further assist you. They’d be happy to offer 24/7 free legal advice and, if you’d like, connect you with our panel of personal injury solicitors to begin your claim.

Evidence That Could Help You Prove Loss Of Earnings

If you’re wondering how to prove your loss of earnings, there are multiple ways you can do this. The first thing you should do is keep records and payslips whilst you’re off work. You should also keep records of what you were earning before you took time off work, as you can compare them to the records of pay when you were off work. 

Furthermore, you should keep a diary of what happened whilst you were off work and seek medical advice. This can help prove that your symptoms persisted and you couldn’t return to work any earlier than you did.

You should also record effects on your career whilst you’re off work; for example, lack of attendance bonus due to absence. This can help when proving future loss of earnings as your injury made you lose out on a bonus.

Finally, you should keep a record of what happened when you went back to work. Had your pension decreased? Did you get reimbursed for any of your financial losses from being off work? This could be important in your personal injury claim when you have to prove loss of earnings. 

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.

Do You Handle Loss Of Earnings Claims On A No Win No Fee Basis? 

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.

FAQs About Loss Of Earnings Claims

What should I do after my accident?

The first thing you should do after suffering an accident is to seek medical attention for your injuries. This is important to ensure you receive the right treatment and have the best chance at a smooth recovery.

Furthermore, you can use medical records to prove you suffered the injury due to the accident that wasn’t your fault. You should also retain proof that the injury has financially impacted your life. For example, bus tickets prove you travelled to and from medical appointments.

Finally, you can contact a specialist solicitor who can begin your personal injury claim. Our panel of personal injury lawyers would be happy to discuss No Win No Fee agreements with you and calculate how much compensation you could receive for your injuries.

What evidence do you need for a personal injury claim?

The initial evidence you need for a personal injury claim is medical evidence and evidence to prove that the accident wasn’t your fault. This could be photographs of your injury, CCTV footage, and witness statements (for example). 

How do you prove loss of earnings?

You can use bank statements and information from your employer about your loss of income. Bank statements and payslips can help you compare your usual income to your income whilst you were off work due to the accident, to show how much money you have lost.

Thank you for reading our guide on how to prove loss of earnings for an injury claim.

Writer HL

Checked by HT