The Criminal Injuries Compensation Scheme (as updated in 2012) includes provision for applicants to claim an amount towards lost earnings when the injuries they have suffered have forced them to take time off work.
If you are trying to decide whether to claim for loss of earnings or not there are several points to consider.
It is only possible to claim if the time off work is as a direct result of an injury which is eligible for compensation. Where this could be an issue, for example, is if you have suffered more than one injury such as broken ribs and having a tooth knocked out. The time off work is more likely to be due to the broken ribs, than the loss of a tooth. Unfortunately the CICA scheme does not award anything for a broken rib; this would not be an injury with is eligible for compensation. Therefore in this situation you would not be able to claim for loss of earnings.
The first condition for a loss of earnings payment to be considered is that you will need to be assessed as having no or very limited capacity for paid work. This means a person who reduces their hours, but keeps on working, is not able to claim loss of earnings.
The second condition is that you need to have been in paid work on the date of the crime, and have regularly been in paid work before hand (unless in full time education). The period of time which a loss of earnings claim relates to begins on the first day of the 29th week in which a person has been off work. This means that if you have had 30 weeks off work a loss of earnings award would be made for 2 weeks (the 29th and 30th week of your time off). No payment is made for the first 28 weeks a person is unable to work.
The amount that is paid for loss of earnings compensation is equal to the weekly rate of SSP (Statutory Sick Pay) as at the date the claim is finalised. This is currently £99.35 per week.
If you want the CICA to consider loss of earnings as part of your claim you have to tell them this, and it is up to you to provide evidence in support.
Winston Solicitors are specialists in dealing with CICA claims and will help you obtain the evidence required for your loss of earnings claim. We can advise you on when and how to claim to achieve the best possible settlement for you.
