Loss of Earnings after return to work

keentowork

First time poster, hoping to get some help... I was hit by a car and have been unable to do one of my jobs since then because of my injuries, but was able to do the other job (admin, not physical) so carried on with that. I am now doing a staged return to work but upon calling my clients to start working with them again, have been informed by two of them that they have had to employ a replacement and so that income (several hundred pounds a month each) is no longer available to me :eek:. My question is, how would I go about asking the insurance company who are working on their offer for loss of earnings and personal injury, to compensate me for these earnings? I am now well enough to do the work but the work has been lost because of the accident? I am starting to get back to working with most of my clients but these two represent a huge proportion of my income so it's a massive blow that I've lost them. Many thanks for any advice.

Quentin

You need to discuss this with the solicitor dealing with your claim for injury compensation/loss of earnings etc

keentowork

Thanks for a prompt reply Quentin, I haven't appointed a solicitor as the other driver's insurance has arranged all my physio etc. and has just told me to submit my proof of earnings/tax returns etc. which I've done. They show what I had been earning up to the accident from each client (for the last 3 years) so it's easy to show that, but what I'm worried about is how to get compensated going forward as I won't be working with two of them again. The insurers (who have been brilliant actually and have sent two interim payments through) say I don't need to appoint anyone and that they are handling everything for me and will shortly be putting forward an offer... I'm several thousands of pounds down now even after the two payments, so can't afford a solicitor of my own.

Quentin

Presumably your claim is a big one, and you really ought to consider your own legal representative - you can see the conflict of interest you have in allowing the defendant to deal with this!

keentowork

Much appreciated, it's not a big claim really, the loss of earnings bit will be the majority of it and despite my earnings being close to £3K per month, their accountant guy suggested that the sum offered would be closer to £1600 (per month) because they would not pay mileage and travel time which I was being paid before and it would be net of tax of course. I have still not had the medical reports back but the physio says that I am 75% recovered and so I have elected to return to work (self employed so need to get back to it). I am hoping the insurers will pay for my time off which will help ease the pressure but I have to earn between now and when the offer is accepted... I guess I'm afraid that engaging a solicitor will significantly delay things and I'm hoping the offer will be reasonable. I'm not wanting to make a profit, just cover my costs and losses, that's all. But, if you think I need to get a solicitor I'll look into it, thanks so much. Any solicitors on here know about lost clients?! :think:

Quentin

A good solicitor will ensure you continue to get interim payments whilst unable to work, and you should really only go back to work on medical advice rather than when you feel forced to by the financial position you find yourself in through no fault of your own!

keentowork

I know, but honestly I do feel able to do what I'm doing, I'm building up gradually and without the reports I can't run the risk that they come back and say they consider, me fit to work back in August, the medical exam was at beginning of July and we're in Sept now... I do feel pressure to get back but also feel able to do a staged return. Thank you Quentin, you are lovely!

Quentin

It won't cost you anything to make enquires with specialist injury lawyers.


They normally will work on no win no fee, and get paid by taking a max of 25% of the compensation.


Hopefully they will earn this by ensuring all bases are covered, and ultimately you get more than just dealing direct with the defendant like this!