Many people start an accident at work claim because they realise that they will suffer a loss of earnings due to an accident at work that was their employer’s fault. It doesn’t seem fair to them. They then realise that they can claim for the injuries they’ve suffered too.
The fact is that unless your contract of employment says otherwise, there is nothing to force your employer to pay you whilst you are on sick leave from work. You may be entitled to statutory sick pay, but in most cases, that still leaves most injured workers suffering lost earnings. If your sick leave goes on for any length of time, that can mean you may have a considerable amount of loss of earnings. (See our blog Do you get paid if you’ve had an accident at work? )
Your accident at work claim will be for two types of damages (compensation).
a) Pain suffering and loss of amenity
This element of damages includes the claim for your injuries. It is known as damages for PSLA – pain suffering and loss of amenity. The ‘loss and amenity’ part of this is to compensate you for the widespread impact the injuries have had on your lifestyle.
b) Handicap on the open labour market
If the injuries you received in the accident are likely to affect getting another job, should you find yourself looking for a new job in the future, you will be able to claim compensation for general damages for this.
c) Future loss of earnings
You can claim future earnings loss when you commence court proceedings if you have not returned to work at that stage.
d) Loss of congenial employment
These are damages to compensate a claimant who, as a result of their injuries, cannot go back to doing the type of work they did at the time of the accident.
These are losses that are capable of being mathematically calculated. Loss of earnings is special damages. Other items of special damage can include:
- Cost of replacing clothing or personal items damaged in the accident
- Prescription costs
- Private medical bills
- Care costs
- Costs of doing DIY, gardening, cleaning, laundry, ironing and other household chores that the claimant’s ongoing injuries prevent them from doing
- Adaptations to the home
- Replacement transport if the claimant’s injuries/disabilities make this a necessity
- Specialist aids
- Rehabilitation costs
Point to note – the example list of special damages that we have outlined, serves to bring home to us, that accidents at work do cause catastrophic injuries in far too many cases.
When special damages claims include the cost of paying someone to do the type of work around the home that we take for granted doing for ourselves, or the cost of having homes adapted or new ones bought to take account of a disability that the claimant now has as a result of an accident at work, it highlights the reason why accident at work claims are serious matters. It also emphasises why there is a need for claimants or their families to seek out the services of specialist accident at work solicitors to act on their behalf.