Can I Claim for Loss of Earnings After a Cycling Injury?

If you’ve been injured in a cycling accident and are unable to work, you may be entitled to claim compensation for loss of earnings. This is an essential part of most personal injury claims, as it helps to cover the income lost while you recover.

What evidence do I need to prove my lost earnings?

To make a successful claim, you'll need to provide sufficient evidence to support your case.

Proof required for loss of earnings

To claim for loss of earnings, you and your solicitor must demonstrate that your inability to work was directly related to your cycling injury. You may be asked to provide:

Proof of your time off work

You’ll need medical evidence to justify the time taken off work. This could include a doctor’s report, hospital discharge summaries, or other relevant medical records.

Proof of your earnings before the accident

You'll need to show your earnings history by providing payslips, tax returns, or bank statements - typically from at least the 6 months before the accident.

Proof of earnings history

To calculate your loss of earnings, your net average monthly wage for at least a 3-month period prior to the accident will be used. To establish your historical earnings you can use your payslips or tax returns.

How is loss of earnings calculated?

Compensation for loss of earnings is calculated based on your net average monthly wage before the accident.

This average, usually taken over a minimum of three months, is multiplied by the length of time you’ve been unable to work.

For example, if you earned £2,000 a month and were off work for three months, you could claim £6,000 for loss of earnings.

Can I claim for loss of future earnings?

Yes, in cases where cycling injuries are severe or life-changing, such as head trauma or spinal injuries, you may be unable to return to your previous job or, in some cases, unable to work at all. This could have long-term financial implications.

If your injury is expected to affect your ability to work in the future, you may be entitled to claim for loss of future earnings. This is especially relevant if you haven’t returned to work by the time your claim is settled.

A detailed assessment of your future earning potential will be made, and compensation will be awarded based on factors such as your career trajectory, age, and the severity of your injuries.

Can I claim for loss of overtime earnings?

Yes. If you regularly worked overtime before your accident, you may also be able to claim for lost overtime earnings. To do this, you’ll need to show proof of past overtime work and that overtime would have been available during the period you were off work.

Duty to mitigate losses

When claiming loss of earnings, you have a duty to mitigate your losses. This means you are expected to take reasonable steps to reduce the financial impact of your injury.

For example, if your injuries allow you to work part-time or from home, you should explore these options with your employer. Additionally, you may be asked to attend medical checkups to assess your recovery progress and your ability to return to work.

It’s also important to note that returning to work as soon as you are medically able is key. If it’s possible to adjust your role or work hours to accommodate your recovery, this should be done to limit the amount of lost earnings you claim.

Medical assessments and checkups

As part of your duty to mitigate losses, you may be required to undergo regular medical assessments. These checkups help to determine the extent of your injuries and whether you’re able to return to work. If you fail to follow medical advice or refuse to attend these assessments, it could negatively impact your claim, as it may appear that you are not taking reasonable steps to recover.

Summary

Claiming for loss of earnings after a cycling injury can provide critical financial support while you recover. By providing the necessary evidence and fulfilling your duty to mitigate your losses, you can strengthen your claim.

If you have suffered serious or life-changing injuries, compensation for future earnings may also be available. It’s important to work closely with your solicitor to ensure you have the best chance of receiving the compensation you deserve.

How can we help?

Loss of earnings can be one of the most challenging consequences of a cycling injury. Our expert team works with solicitors who can help you claim compensation for lost income - whether you’re self-employed, work part-time, or have other unique financial circumstances.

We’ll ensure that your no win, no fee claim reflects the true financial impact of your injury, so you can focus on recovery without added financial stress.

If you have been injured in a cycling accident and are unsure about how to claim for loss of earnings, contact us today for free, expert legal advice.