Advice On Claiming If Your Injury Made You Unable To Work


Advice On Claiming If Your Injury Made You Unable To Work

This is a guide that will advise whether people would be able to make a personal injury claim for compensation if they were unable to work due to an injury. This doesn’t have to be an accident that has happened at work. Therefore, we will be addressing personal injury claims in general.

Accordingly, the focus will be on whether people could make a personal injury claim for the harm they have suffered as well as financial losses such as lost income.

We will be discussing the eligibility criteria to make a personal injury claim, what damages can be awarded if your case is successful, the evidence that can help to support your claim as well as how a No Win No Fee agreement can benefit you. 

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If you have been left unable to work due to an injury caused by the negligence of a third party, you can contact us using the details provided below for free advice: 

Select A Section

  1. Advice On Claiming If Your Injury Made You Unable To Work
  2. How You Could Be Compensated For Being Unable To Work
  3. What Evidence Do You Need To Prove Your Loss Of Income?
  4. How Much Could I Sue For If An Accident Left Me Unable To Work?
  5. Why Claim With A No Win No Fee Solicitor?
  6. Learn More About How To Claim With A Personal Injury Solicitor

Advice On Claiming If Your Injury Made You Unable To Work 

In order to qualify for a valid personal injury claim, you must be able to prove negligence. In different areas of life, a third party owes you a duty of care. This duty usually means trying to do all you can to keep others safe. The eligibility criteria for making a personal injury claim are as follows:

  • A third party, such as a road user, occupier or employer owed you a duty of care at the time and place of the incident.
  • This duty of care was breached,
  • This caused an accident in which you were injured.

Below we discuss the relevant legislation that places a duty of care on different parties:

  • The Occupiers’ Liability Act 1957 – Occupiers of a space hold a responsibility towards visitors to ensure the safety of those using their premises. 
  • Under the Health and Safety at Work etc. Act 1974, an employer must take reasonable steps to ensure the safety of their employees to prevent injury.
  • The Road Traffic Act 1988 declares that road users take reasonable care by obeying the rules of the road to avoid causing damage or injury to other road users and themselves.

Personal Injury Claim Time Limits 

In general, the standard claim time limit allows you three years from the date of the accident to begin your claim, outlined under the Limitation Act 1980.

However, there can be some exceptional factors that can suspend your limitation period.

  • Due to a lack of mental capacity, you are unable to claim. In this instance, you would have three years from the date you regained the required capacity.
  • If you are a child under 18 and therefore unable to claim, the limitation period will be put on hold until your 18th birthday. 

In both scenarios, while the time limit is suspended, a litigation friend, an adult appointed by the court, could act on your behalf in order to make a personal injury claim.  

How You Could Be Compensated For Being Unable To Work  

If you make a successful personal injury claim, you can be awarded general damages for the pain and suffering your injuries have caused you. As well this, you could also be entitled to special damages, which will allow you to be able to claim for loss of earnings. Accounting for the financial losses of being unable to work due to an injury, we will list some examples you could claim for under special damages:

  • Future loss of income.
  • Lost earnings.
  • Lost workplace benefits: holidays, commission and pension payments.

What Evidence Do You Need To Prove Your Loss Of Income? 

During this section, we will cover what evidence you might use to support your claim for loss of income due to being unable to work.

In any successful personal injury claim, evidence will be an important factor in proving your claim. 

Regarding loss of income, you should provide examples of how your injury has affected your past, future and present income.

Types of evidence might include:

  • Payslips for the 3 months before the accident.
  • Bank statements.
  • Evidence of lost pension, holiday allowance or other workplace benefits.
  • The self-employed may need to provide up to 3 years of accounting. 

If you would like more advice on loss of earnings claims, you can contact us for free; one of our advisors will be happy to help.

How Much Could I Sue For If An Accident Left Me Unable To Work? 

If your personal injury claim following your accident is successful, you can be awarded up to two heads of loss. The primary head of claim is general damages and accounts for the pain and suffering caused by the injury. 

Below, you can find a compensation table with a range of injuries. These figures were taken from the Judicial College Guidelines JCG and can be used as an alternative to using a compensation calculator.

Compensation Table

Injury Value Notes
Severe Back Injuries (i) £91,090 to £160,980 Damage to the spinal cord and nerve roots, leading to a combination of serious consequences.
Loss of One Arm (ii) £109,650 to £130,930 A shorter stump may create difficulties using prosthetics and will affect level of award.
Severe Knee Injuries (i) £69,730 to £96,210 Injuries where there has been gross ligamentous damage and loss of function with lengthy treatment.
Wrist Injuries (a) £47,620 to £59,860 Complete loss of function in the wrist.
Severe Injuries to Hip/Pelvis (iii) £39,170 to £52,500 Injuries with the likelihood of hip replacement surgery in the future.
Less Severe Arm Injuries £19,200 to £39,170 Significant disabilities with a substantial degree of recovery.
Less Severe Elbow Injuries £15,650 to £32,010 Impaired function not involving major surgery.
Serious Injury to the Thumb £12,590 to £16,760 Amputation of the tip, nerve damage or fracture necessitating insertion of wires.
Modest Ankle Injuries Up to £13,740 Less serious, minor or undisplaced fractures.
Less Serious Leg Injuries (iii) Up to £11,840 Simple fractures to tibia or fibula or soft tissue injuries.

Please note these figures are not guaranteed, as each claim is unique. If you want an estimate tailored to your unique case, you can contact our advisors; they may connect you to a solicitor from our panel.

Other Ways You May Be Compensated 

The other head of claim is known as special damages. To reiterate, special damages make up for any loss of income an injured person has suffered due to their injuries. However, you cannot only claim for loss of earnings under this head of loss you could also claim for:

  • Medical costs, such as the cost of prescription.
  • Alternative travel arrangements
  • Home or car adaptations

As with claiming for loss of earnings, you will also need proof of other costs you would like to be reimbursed for. Call our advisors now to see what evidence you will need in support of your personal injury claim.

Why Claim With A No Win No Fee Solicitor? 

When making a personal injury claim with a No Win No Fee solicitor, you can receive all the benefits and advantages of working with a legal representative but without paying anything upfront for the service that they will provide. 

To begin with, No Win No Fee solicitors are solicitors who will work for you under a No Win No Fee agreement. 

One such agreement could be a Conditional Fee Agreement.

In general, these types of agreements allow you to begin a claim with a solicitor without paying any upfront legal fees. Furthermore, if the case fails, you will not need to pay for the services your solicitor has provided. 

If the case is successful, the solicitor can deduct a success fee from your compensation; this amount is legally capped by The Conditional Fee Agreements Order 2013, meaning you can’t be overcharged. 

How To Claim? 

It is important to remember that not all solicitors offer their services on a No Win No Fee basis. However, all of the solicitors on our panel work under these agreements. 

Therefore, if you would like to contact us about a No Win No Fee claim for compensation, our details are provided below. One of our advisors could connect you to a solicitor from our panel.

Learn More About How To Claim With A Personal Injury Solicitor

To conclude, we will supply some further resources in the form of internal and external links relating to personal injury claims that account for being unable to work: