Lost overtime in a work accident claim: how it is recovered

What counts as loss of earnings in a work accident claim?

Past and future; net of tax and NI; all remuneration — not just basic

Can you claim for lost overtime?

Yes — guaranteed and non-guaranteed; evidence required

How do you calculate lost overtime?

Average over the 3–12 months before injury; payslips; employer's records

What about non-guaranteed overtime?

Must show pattern and likelihood — Brazel v Harpur Trust guidance; regular non-guaranteed overtime is well-established recoverable loss

Lost commission and bonuses

Same approach — past pattern + likelihood

What if your employer stopped offering overtime while you were absent?

Employer cannot use their own breach to reduce a claim

What evidence do you need?

12 months payslips; bank statements; employer overtime records; team comparison evidence