People are often worried about whether they can still make a claim for personal injury compensation when they have either not had to have any time off of work, or where they have had time off but have been paid in full.
But you don’t have to lose out on any earnings to make a claim – read on for how it works for a better understanding about still claiming without losing any earnings
A claim for personal injury compensation is formed in to two parts – one for General Damages, and the other for Special Damages.
General Damages is for the pain, suffering, and loss of amenity caused. This is generally based on the extent and significance of the pain and suffering caused by the injury. We value this using a medical report where an expert will conclude their findings after an appointment with you. Generally speaking, the more you suffer, the more we get for you.
Special Damages is for any losses and expenses caused as a result of the accident or injuries. This can include lost earnings (which is the most common one), medication and treatment expenses, travel and escort expenses, care and assistance, and many other things.
So if you don’t lose out on any earnings you can still make a claim for the General Damages which is based on the injury alone. On top of that, you may still have a Special Damages claim as there may be other losses and expenses like those mentioned above.
So you don’t need to worry! As long as there is still an injury, you can claim for that alone.
Will I be penalised for not having time off work?
Some people are worried that by not having time off work, they may not look as though they are badly injured enough for a claim. In actual fact you have duty to mitigate your losses, which means keeping your losses to a minimum. So if you are able to work, then you really ought to do so to avoid losing out on earnings and then claiming them back from the other side. Always follow your medical advice though.
If anything it can look better if you have avoided being off work unnecessarily.