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This guide explains how your solicitor will calculate both past and future loss of earnings when making a personal injury claim.
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Besides causing a lot of pain and suffering, an injury or illness can leave you unable to work for weeks, months or even years. If the harm was caused by someone else’s negligence, you could be entitled to make a personal injury claim.
This guide will explain how to calculate loss of earnings in personal injury claims, what you could include in your claim and answer other frequently asked questions about the claims process.
Our team of friendly legal advisers are also here to answer any further questions you may have and offer you a free case assessment. To discuss your claim, please call 0800 470 0474 today or use our contact form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
In a personal injury claim, loss of earnings is part of the compensation awarded for financial losses and expenses, known as special damages. Besides lost earnings, this can also include private medical treatments, travel expenses, care costs, medical aids or home adaptations.
In case of catastrophic injuries, such as brain damage, spinal cord injuries or amputations, loss of earnings can be the most substantial part of a compensation payment.
Loss of earnings is typically broken down into two main categories:
A claim for loss of earnings aims to compensate you for all past and future income losses that result from your inability to work due to injury or illness. This could include:
Your solicitor will carefully assess both your past and future losses in order to calculate a compensation amount that accurately reflects your full loss of earnings.
If you suffer an injury or illness, it is often difficult to know whether another party may be responsible for it. The easiest way to determine this is through a free consultation with an expert personal injury solicitor. They will investigate your case and determine whether:
If all these apply to your case, you will likely be able to proceed with a personal injury claim for loss of earnings compensation.
It is essential to remember that you can proceed with a claim whether you are a full-time employee, a contractor, an agency worker, a temporary worker, or on a zero-hours contract.
Calculating past loss of earnings in a claim is generally straightforward and involves the following steps:
Calculating future loss of earnings is the more complex part of the claim. The standard approach relies on the Multiplier-Multiplicand method and the Ogden Tables.
This is the estimated annual net financial loss from the date of settlement onwards. Several factors are considered to calculate it:
The difference between what you would have earned without the injury and what you now earn is the annual Multiplicand.
The Multiplier is a figure that reflects the number of years over which you are likely to suffer lost earnings because of your injury. It is calculated by using the Ogden Tables, which take into account factors such as:
Your compensation for future loss of earnings will be:
Future loss = Multiplicand × Multiplier.
The Multiplicand-Multiplier method works relatively well in the case of an adult who had steady earnings before the injury and a clear career path.
However, things are much more complex if the claimant is a child with permanent disabilities or someone with an inconsistent work history. In such cases, calculating future loss of earnings for personal injury may need input from various specialists, such as:
In some cases, the Multiplier × Multiplicand method may not be suitable for calculating future loss of earnings. In such cases, the claimant may be awarded a Smith award, a Blamire award or a combination of both.
A Blamire award is a lump-sum payment granted when it is too tricky or speculative to calculate future loss of earnings using the standard approach. It may apply when:
A Smith award is given when the claimant is still able to work but is now at a disadvantage in the labour market due to their injury. This might include situations where:
Your solicitor will assess your unique circumstances and determine which approach is the most appropriate. Their goal will be to secure the maximum level of compensation for your lost earnings, as well as for the injury or injuries you suffered.
It is still very much possible to seek compensation for your lost wages even if you are self-employed. The key is providing solid evidence of your usual income and how the injury affected your ability to earn. Generally, you can do this by providing:
Your solicitor may also consult a forensic accountant to calculate average earnings and determine a fair amount for your claim.
The evidence you need to claim compensation for lost earnings includes:
Besides this, you also need to be able to prove the injuries you suffered, who was at fault for them and all the ways in which they affected your life. For this, you might use:
A general rule of thumb in personal injury claims is that you can’t be compensated twice for the same losses. For this reason, if you received Statutory Sick Pay (SSP) during recovery, this will be taken into account when calculating how much you are owed. For example:
Yes, if you are eligible, you can also claim state benefits (such as ESA, PIP, IIDB or Universal Credit), even if you are making a claim for loss of earnings.
However, it is important to understand that any compensation award over £6,000 will affect the means-tested benefits you could receive. If you receive compensation over £16,000, you may entirely lose your eligibility for benefits.
That said, there is a way to protect both your compensation and your benefits. Your solicitor can help you set up a personal injury trust, which allows your settlement to be ring-fenced so that it is not considered when testing for benefits.
Besides lost wages caused by the inability to return to work after an injury, you could claim various other financial losses and expenses, such as:
On top of special damages, you can also claim general damages. This compensates for the subjective losses caused by the accident, such as pain, suffering and loss of amenity. It is based on the type and severity of the injury or illness you suffered.
The value of a claim for loss of income can vary significantly from person to person. There is no fixed amount, as the compensation is designed to reflect the actual financial losses you have suffered, both past and future.
Your past losses will be calculated based on the actual income lost while you were off work. For example, if you were off work for six months and your net earnings are £2,500 per month, you could claim £15,000 (minus any sick pay you may have received during recovery).
Besides loss of earnings, your claim can include other special damages, such as prescriptions and care costs. These will be added up from receipts and invoices and included in your compensation award.
The amount you could receive for general damages is calculated based on the guidelines from the Judicial College. According to our compensation calculator, this could range from £240 for minor whiplash to £493,000 for a very severe brain injury.
If you lost a loved one due to someone else’s negligence, you may be able to make a wrongful death claim under the Fatal Accidents Act 1976. A significant part of a dependency claim typically relates to the loss of financial support the deceased would have provided.
As with other claims for lost earnings, a loss of financial dependency claim can include the loss of net income, pension contributions, bonuses, healthcare benefits and any other form of economic support.
The amount of compensation a dependant may receive is calculated based on the deceased’s estimated future earnings, their age, and the length of time the dependant would have relied on their financial support.
A separate claim can be made under the Law Reform (Miscellaneous Provisions) Act 1934 for the lost earnings the deceased incurred between the date of injury and their death.
If you were injured in an accident at work or elsewhere, you typically have three years to start a claim under the Limitation Act 1980. A few exceptions apply:
If you have grounds to make a claim, your solicitor will represent you on a no win no fee basis. That means there will be no fees to pay upfront or if your claim fails.
Under this agreement, your solicitor is only entitled to a success fee if you make a successful personal injury claim. This fee is agreed upon from the beginning and will be deducted from your compensation award. The success fee is capped at 25% of general damages and past financial losses.
To find out if you can claim compensation for loss of earnings and other damages suffered because of an injury, call 0800 470 0474 today for a free case assessment. Alternatively, use our online claim form to request a call back.