Loss of Earnings Claim — Scotland

Loss of Earnings

Understanding loss of earnings claims

When you are involved in an accident, you may find that you are unable to work. This will add further stress to an already painful situation for you and your loved ones. You can claim for loss of earnings when you have been absent from your work as a result of an accident that wasn’t your fault.

A loss of income claim can cover various scenarios, including:

• Complete inability to work due to injuries
• Reduced working hours or capacity
• Loss of overtime or bonus opportunities
• Self-employed loss of income

You may be able to work after your accident, but perhaps you can only work shorter shifts as a result of your injuries. This would mean that you would be receiving less pay than you would normally receive, and you can claim for this difference in earnings, too.

Impact of accidents on your work & finances

The suffering you experience as a result of an accident can be a frustrating and painful time for you and your loved ones. The injuries you sustain can range from minor to life-changing, and you may require physiotherapy and even surgery as part of your recovery.

The financial implications of an accident can extend beyond just lost wages. You might face:

• Medical bills not covered by NHS
• Travel costs for medical appointments
• Additional childcare expenses
• Costs for home modifications or special equipment

If your circumstances surrounding work have changed as a result of an accident that wasn’t your fault, it is important that you are compensated accordingly. Our team at Watermans can help you by recovering those lost earnings on your behalf.

Why professional legal help is crucial

It is important to seek loss of earnings compensation from the at-fault party in the case of an accident, as some employers like the NHS and the Council have a right to seek a repayment of wages from you at a later stage.

Many people are not aware that this is in their contract of employment. As your personal injury solicitor, Watermans can check where you stand in this situation and if you have a duty to repay the amounts that you received during your absence from work.

Remember, every case is unique, and the sooner you seek legal advice, the better position you’ll be in to successfully claim compensation.

Making a Claim 

How do I make a loss of earnings claim?

Making a claim for a loss of earnings can seem like a daunting task, but our team at Watermans is here to help.

The process of making a lost wages claim typically involves:

• Initial consultation – Our team will assess your case and explain the process.
• Submit evidence – We’ll help you collect all necessary documentation to support your compensation claim. This typically includes:
  • Wage slips to demonstrate your earnings before the accident
  • Bank statements showing the financial impact of your injury
  • Medical evidence, such as medical records and reports to prove the extent of your injuries
  • Witness statements to prove the circumstances of your accident
• Calculating losses – We’ll calculate the full extent of your losses, including potential future loss of earnings.
• Building your case – Our team will compile a comprehensive claim, including all relevant evidence.
• Negotiation – We’ll liaise with the at-fault party’s insurers to secure fair compensation.
• Settlement or court – Most loss of earnings claims are settled out of court, but if necessary, we’ll represent you in legal proceedings.

Our solicitors deal directly with your employers to seek the compensation that you deserve from the at-fault party. That means that we don’t need to bother you for documentation and payslips, as we work with your employers to gather the correct information for your case.

To make a successful personal injury claim, you’ll also need to prove that:

• The accident wasn’t your fault
• Your injuries were caused by the accident
• You’ve suffered financial losses as a result

Additional evidence needed might include other documents like:

• Tax returns (especially for self-employed individuals)
• Employment contracts
• Evidence of lost bonuses or overtime

If your accident occurred within the last three years, and it wasn’t your fault, contact our expert team today. It is important that you receive compensation in this situation, as the changes in your life as a result of the accident can be substantial.

At Watermans, we provide straightforward legal advice to help you get the peace of mind that you deserve. We take care of the legal side so that you can concentrate on recovering from your injury and getting your life back on track.

Speak to one of our dedicated personal injury specialists today to begin your personal injury compensation claim process.  

How Much Compensation? 

How much compensation can I receive for a loss of earnings claim?

The amount of compensation you could receive for a loss of earnings claim is dependent on the circumstances and resulting consequences of your accident. The severity of your injuries and how they affect your working life will factor into the decision. Both current and potential future loss of earnings will be taken into account here.

Here are several factors that can influence the amount of compensation you may receive:

• Lost income – This includes wages lost due to time off work and any reduction in pay if you’ve returned to work on reduced hours.
• Future losses – We consider potential future earnings you might miss out on due to ongoing injuries or disability.
• Earning capacity – Your claim may factor in reduced earning capacity if you can’t return to your previous role or the same salary.
• Career advancement – We consider potential lost opportunities for promotions or career advancement.
• Pension contributions – Missed pension contributions can be included in your claim.
• Bonus payments – Any lost bonuses or commissions can be factored into your compensation.
• Benefits – Any loss of benefits or employer-provided perks like company car allowances or health insurance can be considered.

Calculating loss of earnings compensation

Loss of earnings is typically calculated by looking at:

• Average income – We often use your earnings from the previous three months before the accident as a baseline to calculate your average income.
• Future losses – We estimate potential future financial losses based on your injuries.
• Special damages – These cover quantifiable financial losses, including lost wages and medical expenses.
• General damages – These compensate for the negative impact on your quality of life, including pain, suffering, and loss of amenity.

Remember, your individual circumstances play a crucial role in determining your loss of earnings compensation.

At Watermans, we work tirelessly to ensure that all aspects of your financial loss are considered, aiming to secure the compensation you deserve. We’ll guide you through the process and help you understand how your compensation for loss of earnings is calculated.

Why Watermans?

Why should I choose Watermans to pursue my personal injury claim?

Watermans make legal services look and feel easy so people can move forward in life.

Our expert team is committed to doing everything to make the claims process straightforward for our clients following an accident. We take the hassle from you and fight each case to secure the maximum level of compensation.

We also provide access to a range of additional services, such as physiotherapy and psychological treatment, to ensure you recover from your injuries as soon as possible and get your life back on track.

Trusted Personal Injury Solicitors in Scotland

Our expertise in personal injury claims covers a wide range of areas, including:

• Accidents at work
• Public liability claims
• Road traffic accidents
• Fatal and serious injury claims
• Cases relating to abuse

We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee basis, which means that if your claim for personal and injury loss of earnings is unsuccessful, you won’t end up out of pocket.

Let us help you make a wage loss claim in Scotland. Request a callback today.