Claiming compensation for loss of earnings

If you are seeking compensation for loss of earnings in a personal injury claim, you will typically need to provide evidence to support your claim, such as:

Proof that you were justified in taking time off work: You will need to provide medical evidence to support your claim, for example a doctor's report, hospital discharge summary or other medical records.
Proof of your earnings before your accident: You will need to provide evidence of your earnings, such as payslips, tax returns or bank statements for the 6 months prior to your accident.
Proof of the amount of lost earnings: To calculate how much compensation you are entitled to for your loss of earnings, your net average monthly wage for at least a 3-month period will be taken into account. Typically the average is then multiplied by the period of your absence to calculate the total loss of earnings.

How is loss of earnings calculated?

In order to calculate how much compensation you are entitled to for loss of earnings, your net average monthly wage for at least a 3-month period will be taken into account. This average is then multiplied by the period of absence to calculate the total loss of earnings.

You will need to provide enough evidence to calculate your loss of earnings, including historical income and payslips for the 6 months prior to the accident.

What about loss of future earnings?

Cycling injuries can be life-changing. Head trauma or spinal damage, in particular, can result in paralysis, brain damage, or other permanent conditions.

The majority of cyclist casualties involve people aged 16 - 55. Permanent and life-changing injuries can have a devastating impact on a person's job and future career. If you have had a particularly serious accident, you may be unable to continue in your previous line of work, or unable to work again.

If you haven’t returned to work by the time your claim reaches a settlement, an assessment of your future loss of earnings will need to be made. Compensation will then be awarded on the basis of this assessment.

Can I claim for loss of overtime earnings?

If you regularly worked overtime at your job prior to your cycling accident, you could claim special damages for loss of overtime.

You will need to be able to demonstrate that overtime would have been available to you during the period of your absence. You will also need to show that you have a history of working overtime.

What is my duty to mitigate my losses?

When making a claim, you have a duty to mitigate your losses, which means you should take reasonable steps to minimise the amount of time you are off work.

You may also be required to undergo medical check ups to assess the extent of your injuries and the impact on your ability to work.

You should return to work as soon as you are well enough to do so. 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.

Legal

Cycling Injury Legal is regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/. Company No: 08914207. VAT No: 229015134.

Personal injury-related enquiries are handled by our partners at National Accident Helpline.

We charge our solicitors for the marketing and operational services we provide and these costs are not passed on to our customers.

*No Win, No Fee: Under a No Win, No Fee Agreement fees may apply if a claimant refuses to cooperate or abandons their claim after the legal work has started, or if the claim is fraudulent.

Disclaimer: Nothing on this website constitutes legal advice or gives rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.