WHAT IS A LOSS OF EARNINGS CLAIM?
When an injury stops you working, the money you lose is money you're entitled to claim back.
A loss of earnings claim is the part of a personal injury case that puts the income you've missed back in your pocket. In legal terms it falls under special damages — the measurable financial losses caused by your injury, as opposed to the compensation for pain and suffering itself. It isn't a separate claim you bring on its own; it sits inside your wider injury claim, whether that came from an accident at work, a road traffic accident, or another incident that wasn't your fault. The principle is simple: you shouldn't be left out of pocket because someone else's negligence stopped you earning a living.
There are two halves to it. Past loss covers the wages, overtime, bonuses, commission and self-employed profit you've already gone without while recovering. Future loss looks ahead — a reduced ability to do your old job, a promotion you've missed, or even lost pension contributions. Some claims are easy to work out; others, especially for the self-employed or people on variable pay, need careful evidence. You can get a quick sense of the figures using our personal injury compensation calculator, and where an injury came from a violent crime, lost earnings can also form part of a criminal injury compensation claim through the CICA scheme. For the official rules on the government scheme, see the CICA guidance on gov.uk.
What you can claim for
Lost wages while off work
Your normal take-home pay for the time you couldn't work because of the injury — calculated from your net earnings, not the gross figure.
Overtime, bonuses & commission
Regular overtime, performance bonuses and commission you'd realistically have earned, backed up by your past pay history.
Self-employed lost profit
The drop in profit your business suffered while you were unable to trade, worked out from accounts, invoices and tax returns.
Reduced future earning capacity
Compensation if your injury leaves you unable to do your old job, forces a career change, or limits the hours you can work going forward.
Missed promotion & progression
A pay rise or promotion you were in line for but lost because the injury kept you out of the running.
Lost pension contributions
Employer and personal pension payments you've missed out on, which can add up to a significant sum over the long term.
You may have a claim if…
Your injury was caused, at least in part, by someone else's negligence
You lost income — past or future — as a direct result of that injury
You can show the loss with payslips, employer letters, accounts or tax returns
Your claim is normally brought within three years of the accident or diagnosis
How your claim works
01
Free consultation
Tell us what happened and how it's affected your work. We'll assess your claim and explain your options — no cost, no obligation.
02
No Win No Fee agreement
If we take your case on, we act under a Conditional Fee Agreement, so there's nothing to pay upfront and no fee if the claim doesn't succeed.
03
We build your case
We gather your wage records, accounts, medical evidence and any expert reports needed to prove both your past and future loss of earnings.
04
You’re compensated
We negotiate with the other side — or take it to court if needed — to recover the income and wider compensation you're owed.
Loss of earnings claim FAQs
How is loss of earnings calculated in a personal injury claim?+
It's based on your net (take-home) earnings, not your gross pay. For an employee, we use your payslips and an employer's letter to work out what you'd have earned during the time you were off, including regular overtime and bonuses. For future loss, the courts apply a multiplier to your annual loss to reflect how long the impact will last.
Can I claim loss of earnings if I'm self-employed?+
Yes. Self-employed loss of earnings is recoverable, though it takes a little more proving. We use your accounts, tax returns, invoices and bank statements to show the profit your business lost while you couldn't work. If your income varies year to year, we'll look at an average over recent years to reach a fair figure, and an accountant's report may help support larger claims.
Is there a time limit for making a loss of earnings claim?+
In most cases you have three years from the date of the accident, or from when you first knew your injury was linked to it, to start your claim. There are exceptions — children have until their 21st birthday, and different rules apply to some CICA cases — so it's always best to seek advice early before evidence and records become harder to obtain.
Do I need payslips to prove my lost earnings?+
Payslips make it far easier, but they aren't the only evidence. We can also rely on a letter from your employer, P60s, bank statements showing your income, and HMRC records. For the self-employed, accounts and tax returns do the same job. We'll tell you exactly what to gather based on your circumstances.
Will a loss of earnings claim cost me anything upfront?+
No. We handle loss of earnings claims on a No Win No Fee basis under a Conditional Fee Agreement. You pay nothing upfront, and if your claim isn't successful you won't pay our fees. If you win, a success fee may be deducted from your compensation — capped at 25% of certain damages for personal injury cases. We'll explain the figures clearly before you sign anything.
Can lost earnings be included in a criminal injury (CICA) claim?+
Yes. If you were injured in a violent crime and had to take time off work, loss of earnings can form part of a CICA award, though the scheme has its own rules and limits and only pays for time off beyond an initial period. We can advise whether a CICA claim or a civil injury claim — or both — is the right route for you.
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