If you suffered an injury due to negligence, you may be eligible to make a claim for compensation. This could include incidents such as a…
Can I claim if I'm unemployed?
Find out if you can make a personal injury claim while unemployed, what compensation you could claim and how benefits may be affected.
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Can I make an injury claim if I am unemployed?
Yes. You can still make a personal injury claim if you are unemployed. Your employment status does not affect your legal right to seek compensation if you are injured because of someone else’s negligence.
Whether you were a student, looking for work, receiving benefits, retired or unable to work at the time of the accident, you could still claim compensation for your injuries and related financial losses. What matters is whether another party breached their duty of care towards you, causing your harm and loss.
To find out whether you have a valid claim, call 0800 470 0474 today for a free case assessment or request a call back using our online contact form.
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Table of Contents
Who can make a personal injury claim for compensation?
Anyone who suffered an injury without being entirely at fault may be able to make a compensation claim, as long as these criteria are met:
- Another party (the defendant) owed them a legal duty of care.
- They breached this duty through negligence or omission.
- This breach of duty directly caused a physical or psychological injury.
- They are within the legal time limit for starting a claim.
A personal injury solicitor can assess your eligibility during a free initial consultation.
Does being unemployed affect my right to compensation?
No. Being unemployed does not prevent you from making a personal injury compensation claim. The law focuses on whether another party owed you a duty of care and caused your injuries by breaching it, not your employment status.
A personal injury claim can potentially be made regardless of whether the injured party is:
- Unemployed
- Between jobs
- Looking for work
- A stay-at-home parent
- Receiving benefits
- Retired
- A student
- A child
Even if you were not earning an income at the time of injury, you can still claim compensation for pain and suffering, along with other financial losses linked to it.
What compensation is available to unemployed people?
As an unemployed person, you can claim the same types of damages as employed people, including potential lost earnings if you were actively looking for work at the time of the accident.
A personal injury settlement usually includes two types of damages:
- General damages are awarded for the subjective impact of the injury. They cover physical pain, psychological harm, scarring, disability, impact on hobbies and reduced quality of life.
- Special damages are awarded for the financial impact of the injury. Examples include medical treatment, prescriptions, rehabilitation, care costs, travel expenses and loss of earning capacity.
The amount of compensation awarded depends on the severity of your injury and its impact on your life now and in the foreseeable future.
Can I claim compensation if I am receiving benefits?
Yes, you may be able to claim compensation for injuries even if you receive state benefits such as Jobseeker’s Allowance, Employment and Support Allowance or Income Support.
While receiving benefits does not stop you from making a claim, your compensation may affect any means-tested benefits awarded to you as follows:
- Under £6,000 – your benefits will typically not be affected
- Between £6,000 and £16,000 – your benefits will usually be reduced on a sliding scale
- Over £16,000 – you will generally lose your entitlement to means-tested benefits
To ringfence your compensation and ensure it does not affect your entitlement to means-tested benefits, your solicitor may advise you to set up a personal injury trust.
Can I claim future loss of earnings if I am unemployed?
Yes. You may be able to claim future loss of earnings even if you were unemployed at the time of the accident. This may apply if your injuries:
- Reduce your ability to work in the future
- Prevent you from working certain jobs
- Delay your return to employment
- Prevent certain career opportunities
- Hinder your training for a future career
For example, if you had a realistic prospect of employment before the accident, compensation may be awarded for the impact of the injury on your future earning prospects.
Your solicitor may use evidence such as previous employment records, qualifications, career history and medical records to prove how your injury has affected your future earning potential.
What types of accidents can unemployed people claim for?
Unemployed people can claim compensation for many different types of accidents and injuries caused by a breach of duty, just like anyone else. These include:
- Road traffic accidents involving pedestrians, cyclists, drivers or passengers
- Slips, trips and falls in shops, supermarkets, or on pavements
- Accidents on public transport or during taxi or Uber rides
- Medical negligence claims involving misdiagnosis, surgical mistakes or prescription errors
- Dog bite and other animal injury claims
- Criminal injury and military injury claims
- Accidents caused by defective products or housing disrepair
These and other accidents can cause numerous injuries for which you may be entitled to claim compensation. These include soft tissue injuries, lacerations, broken bones, head injuries, scarring, burn injuries, shoulder injuries and spinal injuries.
What evidence do I need to support an injury claim if I am unemployed?
You do not need to be employed to be entitled to compensation for an injury. You can make a successful claim regardless of your employment status, as long as you have strong evidence to prove a breach of duty and the harm you suffered.
Key evidence to support your claim includes:
- Medical records that confirm the severity of the injury you sustained and its prognosis.
- Photographs of the accident scene, any visible injuries, and damage to your property.
- CCTV or dashcam footage of the accident, if available.
- Accident reports and statements from witnesses who saw what happened.
- A journal recording your expenses and how the injury has affected your daily life.
- Proof that you were actively looking for work and your employment history, if claiming for lost earning capacity.
Your solicitor will help you gather everything you need to build a strong case. They will send a letter of claim to the defendant and negotiate a fair compensation settlement on your behalf.
How much compensation could I receive if I am unemployed?
While you may not be able to claim traditional loss of income if you were not earning at the time of the accident, you can get compensation for your pain, suffering and any other related financial losses and expenses. The amount awarded to you will depend on:
- The severity of your injuries
- Your recovery time
- Any long-term symptoms
- The financial impact on your life
- Any future losses linked to the injury
- Any contributory negligence on your part
Compensation awards can range from a few thousand pounds for minor injuries to substantial six-figure settlements for severe, life-changing injuries.
Our online compensation calculator or an experienced solicitor can give you a more accurate estimate of the value of your claim.
What is the time limit for making a personal injury claim?
Under the Limitation Act 1980, you generally have 3 years from the date of the accident to claim compensation for injuries sustained due to someone else’s fault. A few exceptions might apply to your case, depending on the circumstances:
- For children, the 3-year period only begins on their 18th birthday. A child injury claim can be made at any time before that.
- For people who lack their mental capacity, the limitation period is suspended unless they recover.
- The limitation period may begin from the date of knowledge if an injury develops over time or is not immediately apparent.
You should seek expert advice from a solicitor as soon as possible, as this gives them more time to gather evidence and build a strong case.
Can I make a no win no fee claim if I am unemployed?
Yes. If you are entitled to claim compensation for a personal injury, your solicitor may represent you under a conditional fee agreement. This means:
- You do not pay upfront solicitor fees
- There are no ongoing fees during the claim
- You do not pay your solicitor for their work if your claim is unsuccessful
- If you win, a success fee of up to 25% is deducted from your compensation
Claiming on a no win no fee basis allows you to pursue compensation without paying upfront solicitor fees, regardless of your employment status or financial situation.
Start your claim today
If you were injured because of someone else’s fault, and want to know whether you can claim compensation while unemployed, don’t hesitate to get in touch with our team today for free legal advice.
A specialist personal injury solicitor can assess your eligibility, explain your legal rights, gather supporting evidence and help you pursue the compensation you are entitled to.
Call 0800 470 0474 or request a free call back using our online contact form to start your claim today.
