As part of a compensation claim we can attempt to recover for any loss of earnings caused by the accident or injuries. This means that if you sustained injury in an accident and as a result you were not able to work and you lost earnings, we can attempt to recover this loss. This would be in addition to any general damages (compensation for your injury). A loss of earnings claim would have to be proved.
To prove a loss of earnings claim we will normally request copies of wage slips and possibly bank statements. We would have to show that a loss actually occurred in order to recover a loss of earnings. We can only recover the actual loss though – for example if you were off work for 4 weeks and you were paid in full for 2 weeks and then paid half pay for the subsequent two weeks – you lost half of your pay for 2 weeks. If you have a set wage or salary then it is fairly straightforward to calculate your actual loss. If your wage fluctuates up and down each week or month then we would have to calculate your average weekly or monthly wage. We would calculate this using your pre-accident wage slips. These can then be compared to your post-accident wage slips to identify the difference (i.e. the lost earnings).
Some client’s report a loss of overtime pay and again this is something that we can look to recover for you. This would have to be proved. As I am sure you will understand, insurance companies do not like paying out unless they have to. It is very difficult to recover any substantive amount of special damages (lost earnings, care and assistance, medical expenses etc) without solid proof. Your wage slips should identify any overtime pay you received. If we obtain your wage slips for the period before the accident, we can calculate how much you earned in overtime pay. We can calculate your average overtime pay-per-week or per-month. We can then compare this to your average overtime pay-per-week or month after the accident. This will give us the actual loss of overtime pay and this will be the amount claimed for this head of loss.
You can see the importance of providing documentary proof of your losses. With loss of earnings the proof is wage slips and possibly bank statements. You may well have suffered a loss but if this loss cannot be proved then it can be difficult to recover. We will do all we can to assist you. However it is imperative that you keep hold of and provide evidence of your losses.
