Legal advice: The ins and outs of loss of earnings

Last April I was knocked of my motorcycle by a car driver who pulled out at a road junction. I sustained heavy bruising to my lower back and buttocks and was unable to work for 11 weeks due to my injuries, which is supported by GP sick notes and physiotherapy treatment. That June, I had to be assessed by a medical expert. It¹s the medical expert¹s opinion that three weeks off work was reasonable, not 11. In my employment contract there is a clause which states that I would have to pay back any monies in respect to any claim for loss of earnings. My solicitor says any loss of earning would be deducted from my personal injuries claim! I thought my solicitor would claim any loss of earning from the third party and NOT from my purse.
Starman12, MCN legal forum

Answer: It is normal that the loss of earnings claim is in addition to the injuries claim and that the third party insurer pays them and that they do not come out of your damages. I suspect that what has happened here is that your employer has paid you for 11 weeks of absence and as per your employment contract is entitled to recover this from a compensation claim you make BUT your own medical expert has only supported three weeks as being reasonable.

Therefore that leaves a balance of eight weeks¹ loss of earnings that you have to repay your employer despite not having received compensation in respect of it. I suggest you carefully look at the employment contract wording to see if they can recover this money if you have not recovered it from your opponent. It may be that they can only reclaim what you have actually received in respect of loss of earnings. Also you should consider getting a second opinion from a different medical expert and you should discuss the merits of this with your solicitor. It may be that a supportive letter from your GP could be used as a negotiating tool.

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