I want to claim for a broken foot to recover lost earnings as I have been off work for a month and I only receive a quarter of my earnings when I am sick. Will I be able to claim for the wages I have lost?
It is certainly possible to make a claim for a broken foot to recover lost earnings, in addition to any other costs or expenses which you have had to cover as a result of your injury. It may also be possible to recover lost overtime in addition to the shortfall in your salary, provided you regularly earned overtime and there would have been the opportunity to continue to do so while you were off work due to your injury.
If you make a claim for lost earnings you must provide pay slips to show your regular salary before the accident together with any decrease in wages which has resulted from you being off work. An average of your earnings from the months preceding your injury will be taken to determine your gross income, and the amount of money you should have been able to earn would be calculated pro rata for the time you were not able to attend work. If there have been missed pension contributions due to your time off work, these should also be recoverable.
Additional expenses which can be included in your claim for a broken foot include any medical treatment costs, physiotherapy if this was required and not covered by the NHS, and transport costs due to not being able to drive. You must be able to support any claim for costs with an invoice, receipt, itemised credit card bill or bank statement if they are to be included in your claim.
In addition to expenses, you are entitled to broken foot injury compensation to cover the pain and suffering caused by the injury and any loss of amenity and inconvenience caused by your injury. This aspect of the claim is best calculated by an experienced personal injury solicitor. It is important that legal advice about making a claim for broken bones in foot is sought promptly.
Before broken foot injury compensation amounts are calculated, it is first necessary to confirm that you are eligible to make a claim. After listening to your account of the accident and how you came to be injured, a solicitor will assess whether your accident was caused by the negligence of a third party and involved a failure in a duty of care. If you were primarily responsible for your injury, or if third party negligence cannot be established or proven, no claim for broken bones in foot will be possible.