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
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- : Hodgson v Trapp [1989] AC 807 (deductions from loss of earnings)
- Brazel v Harpur Trust [2022] UKSC 21
- Judicial College Guidelines, 17th edition
This guide is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.