Will my injury claim include lost earnings?
Cycling accidents often result in serious and life-changing injuries which can take a long time to recover from. If you have suffered an injury from a cycling accident and taken time off work to recover, you may be able to claim for lost earnings.
Successful personal injury claims are divided into two parts. The first part - general damages - compensates you for pain, suffering and loss of quality of life. The second part - special damages - compensates you for injury expenses such as medical costs, home adaptations, and also loss of earnings.
Taking time off work following a cycling injury
Cycling accidents such as collisions with motor vehicles can result in severe injuries such as broken limbs, fractured skulls and spinal injuries. These injuries take time to heal, and may require extended hospital admission, bed rest, and ongoing treatment. The injured person may have to take a period of time off work to recover. In most cases this will have financial implications due to loss of earnings.
In order to recover lost earnings from being unable to work, you must be able to prove that they were justified in taking time off work. Medical evidence from a doctor or other health professional may be required to support the claim.
You should return to work as soon as they are well enough to do so, as they have a duty to keep any losses to a minimum. This might mean making arrangements with their employer to work from home, or working part time in order to fit in treatment such as physiotherapy while recovering from their injuries.
How to calculate loss of earnings
In order to calculate how much compensation you are entitled to for loss of earnings, the Court will assess their net average monthly wage for at least a three month period. This is then multiplied by the period of absence to calculate the total loss of earnings.
You must provide enough evidence to enable to Courts to calculate loss of earnings, including a details history of income and payslips for the six months prior to the accident.
What if the injury impacts future earning power?
Certain cycling injuries may be life-changing. Head trauma or spinal damage may result in paralysis, brain damage, or other permanent conditions that a claimant must adjust to living with following the accident.
The majority of cyclist casualties involve people aged 16 - 55, with 583 cyclists aged 26-35 and 621 aged 36-45. Permanent and life-changing injuries like this can impact on a person's job and future career, possibly meaning that they are unable to continue in their previous line of work, or are never able to work again.
In instances where you have not returned to work by the time the case is settled or comes to trial, the Court will have to assess what future loss of earnings you may incur. If you are able to return to work following the accident but later found that their condition deteriorated due to their injuries, you may have to give up work or face a reduction in earning capacity.
Can I claims for loss of earnings from overtime?
If you regularly worked overtime at your job prior to the cycling accident, you must be able to demonstrate that overtime would have been available during the period of absence, and that you have a history of working overtime. This may be proven through company timesheets or through confirmation from the company.