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.

Injury claimant with a folder of payslips

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:

How we can help you with your injury claim

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Gaynor Haliday, Legal researcher