Loss of Income
Suffering a serious injury can often lead to a substantial period of time away from work and a significant loss of income. Should this be the case any loss can be recovered as part of a successful personal injury compensation claim.
Many employees do not receive anything other than statutory sick pay if they are absent from work. In addition whilst some employers will provide more generous levels of sick pay these are often restricted to a set period of time and in any event will only cover basic wages. A claim for loss of earnings covers not only basic wages but also any loss of overtime, bonus or shift allowance.
Overtime is rarely contractual and as a consequence will fluctuate from week to week. In such circumstances it will be necessary to identify the average level of earnings received in the period immediately before the accident and apply this to the period of absence. Where however this would represent under compensation, for example where large amounts of overtime have been available during the period of absence, comparative earnings information can be obtained using suitable work colleagues.
Disabilities arising from a serious injury may prevent you from returning to your pre-accident occupation or alternatively may prevent you from undertaking all of your normal pre-accident duties. This in turn could lead to a continuing loss of earnings. Once again this loss can be recovered although evidence will be required to identify the level of earnings which you could reasonably have expected to have received had the accident not occurred. This may include compensation to reflect loss of promotion prospects.
Where your future employment was uncertain or if you lose your job for reasons unrelated to the accident it will not be possible to claim future loss of earnings on the basis of your pre-accident income. Instead a claim will be made for handicap on the open labour market. Where such a claim is made the Judge has ultimate discretion as to the sum which will be awarded although consideration should be given to factors such as your pre-accident employment history and the restrictions which you will now face.
Where a fatal injury occurs it is possible to pursue a claim for loss of income from the date of initial injury to death. In addition a claim can also be made for future loss of income on behalf of any financial dependents.
At Sintons our specialist personal injury solicitors have a wealth of experience in recovering loss of income in serious injury compensation claims. Where appropriate expert advice will be obtained to identify past and future loss of income and the impact that the injury will have on future earning capacity.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.