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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10287
Experience:  30 years as a practising solicitor.
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I have a question regarding personal injury from a car accident. I

Resolved Question:

I have a question regarding personal injury from a car accident.
I was hit from behind while stationary, and it gave me whiplash and a sprained neck (that's what A&E diagnosed). I'm in quite a lot of pain and discomfort and for the time-being I don't feel able to return to work.
I work in a full-time job but on a rolling contract. The plan was that in the next few months I would be re-interviewed for a permanent position and so far everything was going very well for that. However I have heard that the employer has a history of basing redundancies on amount of sick-leave used and there are rumours of possible job freezes, etc. this year.
I have been using annual leave to stay at home - but I'm running out, and I'm still not well enough to go back. I am worried that by using sick leave I will jeopardise my chances of getting the permanent job.
I have been advised by A&E and by a GP appointment that I should rest and that the nature of my job is not suitable until I heal more.
I am making a personal injury claim - but I want to know if there's any way to get help for the potential loss of future earnings if my contract is not renewed. For example, can I claim my salary for a certain length of months to cover any time I would need to seek a new job?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Your claim for personal injuries covers the pain and suffering and medical treatment you need. However, you have a separate head of claim which is a claim for loss of both past and future earnings and if you lose your job because you can't work you can claim for a reasonable period in having to get another job.
Your solicitor should be able to put together an estimated loss of earnings calculation once the doctor provides an indication of when you may be able to return to work. In some more complex cases where that date is uncertain there may have to be an additional exercise carried out by an employment consultant who will look at the type of work you do as well as the medical evidence and assess what your future loss is likely to be.
So yes, loss of earnings can take into account any loss of opportunity to take a permanent job where it would have been offered or was likely to be offered were it not for the accident.
I hope this helps. Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10287
Experience: 30 years as a practising solicitor.
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