Are payslips evidence of loss of earnings in an injury claim?
If an accident leaves an injured person unable to work then it may be possible to recover any loss of earnings. A personal injury solicitor will need to collate a file of evidence to support the claim.
When making a personal injury claim, an injured person can claim for both general and special damages. General damages refers to the pain and suffering experienced as a direct result of their accident. It is also possible to claim if the accident has made a pre-existing condition worse. Special damages pertains to extra expenses the claimant has incurred. This can include travel expenses, additional medical costs and loss of earnings.
What can I claim compensation for?
In order to make a claim, the injured person would have to provide evidence that details the amount of earnings they have lost as a result of being unable to work.
If the claimant has a set wage then it is easier to calculate their loss of earnings than if their wage fluctuates. A solicitor would request copies of the claimant's most recent wage slips and bank statements in order to calculate the loss of earnings for the period in which the claimant has been unable to work.
If the claimant's wage fluctuates, then the wage slips will be used to calculate an average monthly or weekly wage. This will provide the legal team with an estimation of how much compensation a claimant may be entitled to.
Some claimants may also want to claim for the loss of overtime pay. In this case, the legal team would examine the claimant's pre-accident wage slips in order to estimate the monthly overtime that would have been worked if the claimant had not been injured. This will provide the legal team with a representation of how much compensation the claimant may receive.
Providing other evidence
In most cases a claimant will be required to undergo a examination from a medical professional who will document their injuries and suggest any further treatment that may be necessary. This will be used as evidence to support the claimant's case.
When claiming for special damages such as travel costs, a claimant should retain any receipts as evidence of charges they have incurred.
Compensation sum
The compensation sum a claimant will receive is dependent on many factors. These factors include the severity of the injury and any future treatment that may be required e.g. physiotherapy.
What happened?
The claims process will vary depending on how your injury happened. Click the icons below to learn more:
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Questions about the injury claims process?
Get all the answers in our comprehensive FAQ section:
- How will a personal injury claim affect my benefits?
- Will I have to pay tax on my injury compensation award?
- Can I make a personal injury claim for someone else?
- Can I claim injury compensation if there were no witnesses?
- Can I make an injury claim if I don't know who's to blame?
Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.