If you have sustained personal injuries in an accident which has necessitated you taking time off work, you may be worrying about the financial implications of your absence. You may be considering making a claim for compensation for your losses, or may have already started doing so, and may need clarification on what exactly you are able to claim for.
Here you’ll find what you may be able to claim following your accident, whether you can reclaim any earnings you have lost as a result of the accident or not.
As the person bringing the claim you will need to produce evidence to support any loss claimed. If you are employed (as opposed to self-employed or a business owner), the best way of doing this is to produce payslips for at least 6 months prior to the accident in order to show a detailed history of your earnings.
If you wish to claim for lost overtime you will also need to show that this overtime would have been available to you if you had not been prevented from working because of your injuries, and that you regularly worked overtime prior to the accident.
The Court will usually assess your net average monthly wage for at least 3 months prior to the accident in order to calculate your average salary. In a straight forward claim this will be multiplied by your period of absence in order to calculate your loss of earnings claim.
It is important to note that your period of absence must be supported by the expert medical evidence in order to make a successful claim. You also have an ongoing duty to mitigate your losses, (i.e. keeping them to a minimum) and this includes returning to work when you are capable of doing so.