Claiming lost earnings after an accident
The short answerIf you were injured in an accident that wasn't your fault and had to take time off work, you can usually claim back the earnings you lost as part of your injury claim. The claim is for your loss after tax and National Insurance, backed by evidence such as payslips or accounts. It can include future losses if your injury affects your work going forward.
Written by Jack Scott · Reviewed by [SOLICITOR NAME], NJS Law · Last reviewed October 2026
What lost earnings can I claim for?
Lost earnings are part of what's called "special damages": the financial losses caused by an accident. They can include:
Basic pay for the days or weeks you couldn't work
Overtime, shift allowances, bonuses or commission you'd normally have earned
Pension contributions you missed out on
Time off for medical appointments or physiotherapy
Future loss of earnings, if you can't return to the same work or hours
Lost profit if you're self-employed
These are on top of compensation for the injury itself.
How are lost earnings calculated?
The aim is to put you back in the financial position you'd have been in if the accident hadn't happened. So the claim is based on your net earnings, what you'd actually have taken home after tax and National Insurance, not your gross salary.
If you're employed
This usually means comparing your pay before the accident with what you received while you were off.
If you're self-employed
This usually means looking at your profit over previous years.
What evidence do I need?
The stronger your evidence, the easier it is to prove your loss. Keep:
- Payslips from before and after the accident
- Your P60 for the previous tax year
- A letter from your employer confirming your time off, your usual pay and any sick pay you received
- Self-assessment tax returns and business accounts, if you're self-employed
- Fit notes from your GP or hospital
- Records of appointment dates and any unpaid time off for them
What if I received sick pay?
If your employer paid you in full while you were off, you may not have lost any earnings for that period.
For example, if you were only paid Statutory Sick Pay.
Some employment contracts say that company sick pay must be paid back to your employer if you recover it in a claim. If that applies to you, tell your solicitor, so the amount can be included.
Will state benefits affect my claim?
They can. If you received certain benefits because of your injury, the government's Compensation Recovery Unit may recover them from the at-fault insurer.
Your solicitor will explain how this affects your claim before you agree to any settlement.
Can I claim if I'm self-employed?
Yes. You can claim the profit you lost while you couldn't work, and sometimes the cost of paying someone else to cover your work.
Because there are no payslips, evidence such as these is especially important:
- Tax returns
- Accounts
- Invoices
- Bank statements
Do I have to go back to work as soon as I can?
You're expected to take reasonable steps to keep your losses down, which the law calls "mitigating your loss". In practice, this means returning to work when you're medically fit to do so, and following medical advice.
Can I claim lost earnings through Official Injury Claim?
Yes. Lost earnings can be included in a claim through the Official Injury Claim service, as long as your whole claim stays under the service's limits.
What about costs from not having a car?
If your car was off the road and you had to pay extra to get to work, such as taxi or train fares, those costs are part of your vehicle claim, not your lost earnings. Back on the Road UK can help recover them.
How Back on the Road UK can help
Back on the Road UK is a trading style of NJS Law Limited, a firm of solicitors regulated by the Solicitors Regulation Authority. If you were hurt in a non-fault accident, the solicitors at NJS Law can work out your lost earnings and include them in your injury claim.
Remember there's a three-year time limit for injury claims.Call us free on 0800 820 3860 or send us your details online.
Frequently asked questions
Can I claim lost wages after a car accident that wasn't my fault?
Usually, yes, as part of an injury claim. You can claim the net earnings you lost while you couldn't work.
Is lost earnings compensation based on gross or net pay?
Net pay, after tax and National Insurance, because the aim is to replace what you'd actually have taken home.
Can I claim future loss of earnings?
Yes, if your injury affects your ability to work in the future. This needs medical and employment evidence.
Can self-employed people claim lost earnings?
Yes. The claim is usually based on lost profit, shown through tax returns and accounts.
Back on the Road UK is a trading name of NJS Law Limited, registered in England and Wales, company number 15170704. NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority, SRA number 8006550. This guide gives general information for England and Wales only and does not constitute legal advice.