A personal injury claim for loss of earnings falls under the category of special damages.
Special damages cover out of pocket expenses such as medical expenses and loss of earnings caused by your injury. This is opposed to general damages which covers pain, suffering and emotional harm experienced due to your injury.
Loss of Earnings Claim
In order to prove your personal injury claim, you must produce evidence to show that there has been a genuine loss of wages. These can be shown through past payslips prior to injury.
Your loss of earnings claim will be determined by the court by calculating your average salary through your net monthly wages over the previous 3 months. This will usually be multiplied by the amount of time you have had off work.
Often, people claim that they would have a received a promotion or pay rise but for the incident occurring. This can be proven through witness statements from their employer or a comparison of promotions and pay rises received by colleagues.
Self Employed Loss of Earnings Claim
Claiming loss of earnings when you are self-employed is a more complex process. Evidence will need to be presented such as your past working diary, bills and contracts. Such documents prove that you are suffering a loss of earnings due to your absence.
Loss of Pension
An extended period of absence from work could mean that you are eligible to make a claim for loss of pension. Whilst you cannot work, payments made towards your pension will stop. This could mean that it will not be as worth as much as it could have been upon your retirement. This loss is assessed considering discounts for early receipt and other contingencies.
Future Loss of Earnings
Severe injuries may inhibit your capability to work into the future. This means you can claim for the loss of earnings which may occur in the future. Medical evidence must be presented which assesses your capability to work in the future.
If you require more information about making a personal injury claim, please do not hesitate to contact Matthews Folbigg. Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis. Call 1300 773 529 or email a Personal Injury lawyer at email@example.com.
Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.