Could You Claim Compensation If You Are Unable To Work After An Injury?

This is a guide to when you may be eligible to claim compensation after you have suffered an injury that left you unable to work. If you were owed a duty of care, which was breached, leading to you sustaining injuries that meant you could not go to work, you may be eligible to make a personal injury claim on the basis of negligence. 

unable to work

Could I Claim If I Am Unable To Work After An Injury?

There are various places in which you are owed a duty of care such as, on the road, in the workplace and in public spaces. In this guide, we will explain these duties of care in more detail and discuss the relevant legislation outlining each one.

Furthermore, we will explain the evidence you could provide to support your claim. Additionally, we will explain how the compensation for a personal injury claim is separated into two heads and when you could be compensated for loss of earnings. Finally, we will explore what it would mean for you and your claim to progress with a No Win No Fee solicitor.  

If you would like to make an enquiry, please reach out to a member of our team at Legal Helpline. Our team of advisors are available 24/7 to offer free and confidential legal advice with no obligation to progress your claim with our panel of solicitors.  

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Select A Section

  1. Could I Claim If I Am Unable To Work After An Injury?
  2. What Evidence Do I Need To Provide?
  3. Estimating Payouts If You Are Unable To Work
  4. What Additional Damages Could You Claim If Unable To Work?
  5. Talk To A No Win No Fee Personal Injury Solicitor
  6. Learn More About Claiming If Unable To Work

Could I Claim If I Am Unable To Work After An Injury?

To make a compensation claim after an injury has left you unable to work, your case must meet certain eligibility criteria, which amounts to negligence. This is as follows:  

  • A third-party owed you a duty of care at the time and location of your accident.
  • They breached this duty of care.
  • As a result of the breach, you sustained injuries. These could be psychological, physical, or both. 

It is important that all of the points listed above are true for your case. If they are, you may have valid grounds to make a claim. 

Below we will discuss who may owe you a duty of care and the different types of personal injury claims that could occur.

Road Traffic Accident Claims 

Road users owe a duty of care to other road users. This is outlined in the Road Traffic Act 1988, which explains that road users must navigate the roads safely and act in a way that prevents a road traffic accident from occurring. In addition to this, The Highway Code lays out safety guidelines and rules for road users; some of these are backed by laws. 

Road user duty of care involves: 

  • Adhering to the speed limit
  • Following road signs like give-way signs or road markings
  • Leaving a safe stopping distance from the vehicle in front

Accident At Work Claims 

The duty of care owed to you by your employer is laid out in the Health and Safety at Work etc. Act 1974 (HASAWA). This states that employers have the responsibility to take all reasonably practicable steps to keep their employees safe and prevent accidents at work. 

This can involve:

  • Carrying out risk assessments.
  • Giving proper training to staff.
  • Ensuring maintenance and repairs are carried out within an appropriate time frame.
  • Providing personal protective equipment (PPE), such as eye protection, if and when it is required for employees to carry out their duties safely.

Public Liability Claims

The party responsible for a public place has a duty of care; this is outlined by the Occupiers’ Liability Act 1957. This means that the responsible party must take measures to ensure the reasonable safety of visitors using the space for its intended purpose. 

This can involve:

  • Providing signage to mark hazards.
  • Carrying out risk assessments.

Limitation Periods On Claims When Unable To Work

When considering whether you could bring forward a personal injury claim after being left unable to work, you must also consider the time limits. The Limitation Act 1980 explains that you will generally have three years to begin legal proceedings from the date of the accident.

There are some exceptions where these time limits can differ. If you would like to enquire about these exceptions in connection to your claim, please contact our team of advisors. They can advise you on whether your claim meets the eligibility criteria. 

What Evidence Do I Need To Provide?

It is imperative that you gather evidence of negligence and are able to provide this in support of your claim. This could include:

  • CCTV or dashcam footage
  • Photographs of any visible injuries you have and the accident scene
  • Witness contact details
  • A copy of your medical records

To learn more about obtaining evidence to strengthen your claim, please speak to our team of advisors.  

Estimating Payouts If You Are Unable To Work

In the case of a successful personal injury claim, where your injuries left you unable to work, the compensation payout is separated into two heads: general and special damages. We will discuss special damages in more detail in the following section. 

General damages is awarded in relation to the physical pain and suffering and/or the psychological damage you suffered due to your injuries. To help value this head of claim, solicitors can refer to the Judicial College Guidelines (JCG). Therefore, we have also used the JCG to produce the table below as a guide to compensation brackets. Please note that these figures are guidelines and not a representation of what you will receive.

Guideline Compensation Table 

InjurySeverityDetailsCompensation Bracket Guidelines
Paralysis Tetraplegia (a)The award is determined by different factors, such as the person's life expectancy and whether they are in physical pain.£324,600 to £403,990
Brain DamageVery Severe (a)Double incontinence, little or no language function, minimal, if any, proof that they meaningfully respond to their environment and the requirement for full-time nursing care.£282,010 to £403,990
Brain Damage Moderate (c)(i)No prospect of employment, a personality change, and a moderate - severe intellectual deficit. £150,110 to £219,070
Arm AmputationLoss of Two Arms (a)The person is fully aware of their state of considerable helplessness. £240,790 to £300,000
Leg InjuriesSevere (b)(i)Short of amputation, the most serious leg injuries, such as extensive degloving where the leg is grossly shortened. £96,250 to £135,920
Injuries to the Hips and Pelvis Severe (a)(i)Extensive pelvis fractures which involve, for example, a ruptured bladder and dislocation of a low back joint. There will be substantial residual disabilities. £78,400 to £130,930
Neck InjuriesSevere (a)(ii)Damage to discs located in the cervical spine and serious fractures, which lead to disabilities of considerable severity, such as damage of a permanent nature to the brachial plexus.£65,740 to £130,930
Foot InjuriesAmputation of One Foot (b)The ankle joint is lost. £83,960 to £109,650
Foot Injuries Severe (d)Fractures of both feet or heels where there is permanent considerable pain or a substantial restriction on mobility. £41,970 to £70,030
Hand InjuriesSerious Damage to Two Hands (b)Permanent cosmetic disability alongside the significant loss of function. £55,820 to £84,570

What Additional Damages Could You Claim If Unable To Work?

If you aren’t able to work because of injuries caused by negligence, it could lead to you struggling financially. Special damages is the head of claim that can reimburse you for the financial losses resulting from your injuries. As well as past and future loss of earnings, this could cover:  

  • Travel costs
  • Care expenses
  • Home adaptations

If you were unable to work due to your injuries or you suffered other forms of financial loss and want to pursue compensation for this, you will need to provide evidence. This could include payslips as proof of income, bank statements and travel tickets. To discuss estimated compensation amounts that are personalised to the details of your claim, please contact our team of advisors.  

Talk To A No Win No Fee Personal Injury Solicitor

You may wonder, ‘how would using a No Win No Fee personal injury solicitor affect me and my claim?’. Under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA), you would not be expected to pay for the services provided by your solicitor upfront or for the duration of your ongoing claim.  

Also, you typically won’t pay for the services they’ve provided in the event that the outcome of your claim is not successful. 

However, in the case your claim is successful, your solicitor can take a small percentage, referred to as a success fee, from the compensation. The legislation caps this amount, though. Therefore, your solicitor cannot overcharge you for the success fee. 

If our advisors assess the eligibility of your claim and find that you may have valid grounds to bring it forward, they may connect you with a No Win No Fee personal injury claim solicitor from our panel.  

Get In Contact With Us

Please don’t hesitate to get in touch regarding your potential personal injury claim. Our team can offer advice on claiming compensation for an injury after you were unable to work. 

You can:

Learn More About Claiming If Unable To Work

If you have found this guide useful, please take a look at more of the content on our website: 

Also, explore these external pages for more support: 

Thank you for reading this guide on how negligence can lead to you being unable to work and when you could have valid grounds to bring forward a personal injury claim.

Written by JO

Edited by FS