Archive for October, 2014

CLAIMING LOSS OF EARNINGS FOLLOWING AN ACCIDENT

Friday, October 3rd, 2014

If you have been injured in an accident and someone else is to blame you may wish to pursue a claim for personal injuries and other losses against that person/company and their insurance company.

The compensation which you claim is divided into two types called ‘general damages’ and ‘special damages’.  General damages is the compensation you will recover for your pain and suffering.  Special damages is a schedule listing any expenses (past or future) which will include any loss of earnings.

In this Blog I am going to focus on claiming for loss of earnings following an accident.

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If you are working before your accident and suddenly because of your injuries from your accident you are off work, then your personal injury solicitor will carry out enquiries to calculate your loss of earnings.

Statutory Sick Pay

If you are off sick from work and so long as you have paid sufficient National Insurance contributions you should receive statutory sick pay from the 4th day of absence up to 28 weeks.  This figure currently is £87.55 per week (2014).  You can still claim loss of earnings for the difference between what you should earn and what you have ‘earned’.

Example A:-  If you earn £300 net pay per week before the accident and you receive statutory sick pay following your accident (and nothing else), your loss will be £212.45 per week.

Company Sick Pay

In your contract of employment, your employers may agree to pay company sick pay whilst you are off sick from work.  Your employers may make up the difference between the statutory sick pay which you receive, so that your wages are equal to what you normally earn.  Whilst you do not suffer a loss, your employers will.  Your contract may include a clause that you must recover their loss.  It is important that even if you don’t think you have a loss that you mention this to your personal injury solicitor.

Example B:- If you earn £300 net pay per week before the accident and you receive statutory sick pay following your accident and your employers make up the difference so you receive normal pay, the loss to your employers will be £212.45 per week.

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Loss of Overtime

We work out your net average salary based on your salary for the 13 weeks prior to the accident.  If you have worked overtime, this will be reflected in this.

Self Employed Workers

Self Employed Workers can still claim loss of earnings.  Your personal injury solicitor will calculate loss of earnings by looking at your accounts for normally 2-3 years prior to the accident.

Redundancy

If whilst you are off work you are made redundant make sure you mention this to your personal injury solicitor during the consultation process.  If you have continuing injuries and are tempted to take voluntary redundancy always speak to your personal injury solicitor first.  Sometimes, you may be selected for redundancy because of your absence due to injury.  If you lose your job we may be able to consider this ongoing loss as part of your accident claim.

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Evidence of Loss of Earnings

Your personal injury solicitor will write to your employers, or the insurers of your employer, for wage slips for 13 weeks prior to the accident, until your wage slips return to normal, ie when you are back at work.  We will look at your earnings on a case by case basis and then calculate any losses, whether it be a loss to you or to your employer.

TOP TIP

Keep all of your wage slips both pre and post-accident until your claim has concluded!