Can I Claim for Loss of Earnings in a Medical Negligence Claim?
Yes. If you’re unable to work because of clinical or medical negligence, you can claim for a loss of earnings.
It will need to be proven that medical negligence was the cause of your injuries, and secondly that your time off work as a result was reasonable.
To do this, our Medical Negligence Solicitors will arrange for you to be assessed by an independent medical expert. They’ll then compile a medical report detailing your condition, its effect on your life and any future care and treatment needs you may have.
Calculating Lost Earnings
A claim for loss of earnings will be based on your take home pay or net earnings, so your income after tax. If you received sick pay, then this amount will be deducted from your net earnings.
This is because the compensation should put you back into the financial position you would have been in without the medical negligence, so you can’t profit from your loss of earnings claim.
For example, if your weekly earnings after tax were £200.00 and you received Statutory Sick Pay (SSP) of £95.85 you would receive £104.15 compensation.
If your employer paid you sick pay as well as Statutory Sick Pay (SSP), then this would also be deducted from your usual take home pay. Your employer may have a clause in your contract which requires you to recover this amount as part of your claim.
If your employer requires you to claim back sick pay, then you will need to provide a copy of the contract of employment which confirms this.
If this is the case, then the element your employer paid you as sick pay will form part of your compensation, but will need to be sent to your employer at the end of the claim.
If you usually receive bonuses or work regular overtime, then this can be included as part of your loss of earnings claim if you’re able to evidence it.
What if I’m Self-Employed?
It can be more difficult to claim a loss of earnings if you’re self-employed, but it’s still possible if you’ve kept good records showing your income.
What Evidence Do I Need?
If you’re employed, you’ll usually be expected to provide payslips covering the period 13 weeks prior to your time off work. Based on this, a calculation of your average earnings can be made.
Tax returns and bank statements will be needed.
Claiming for Future Loss of Earnings
It may be that you’re not able to return to work before your claim is concluded, or perhaps unable to return at all. This will be based on the expert’s opinion in the medical evidence.
If this is the case, the calculation of your losses can become much more complex.
It may be necessary to work out the age that you would have retired at, and calculate all of the years of lost income. This may also include factors such as pension and likely promotions.
Our Medical Negligence Solicitors can advise you in full and work with you to calculate a suitable amount. We’ll then discuss this with the other party’s Solicitors and aim to reach an agreement.
We can work with you and gather the evidence you need to calculate your loss of earnings fairly and accurately.
For free legal advice call our Medical Negligence Solicitors
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