What are loss of earnings claims?
If you have suffered a personal injury due to an accident at work or have developed an illness such as industrial deafness, you may be in the position to make a work accident claim. In addition to this, if you have been unable to attend work or your working hours have been affected due to an injury, which has resulted in a loss of earnings or benefits, you may be able to claim this as part of your work accident compensation.
Any decrease in income following an injury is defined as a loss of earnings and includes:
- Basic annual salary or hourly rate of pay;
- Bonus payments;
- Shift allowance; and
Who can put forward loss of earnings claims?
- Full-time employees;
- Permanent and temporary staff;
- Part-time employees; and
- Self-employed workers.
What may affect loss of earnings claims?
There are many defining factors that may affect your accident at work claim, including how serious the injury is as well as your employer’s sickness and absence from work guidelines, which should be written into your contract. For those employers who do not have a sick pay scheme in place, you may qualify for statutory sick pay, although this is often less than the employee’s standard wage. It is important that you familiarise yourself with your company sickness and injury entitlements as an employee before any claim is investigated.
There are two types of compensation damages which make up a work accident compensation claim:
- General damages: These are awarded in respect of any pain or suffering you have endured as a result of a personal injury which may affect your ability to perform certain tasks you were capable of doing before; and
- Special damages: This second element relates to your expenses and losses you have experienced as a result of a personal injury. This relates to medication, damage costs and other areas, as well as any loss of earnings. It is important for you to keep hold of any receipts and invoices as proof of such expenses/loss.
How do I make loss of earnings claims?
Make sure that you gather any evidence you have to prove damages, including loss of earnings, before seeking legal help. For more information, please contact one of our expert advisors today by calling 0800 689 0500 from a landline or 0333 500 0993 from a mobile.
Date Published: November 1, 2013
Author: David Brown