What happens if an injury leaves me unable to work?

Updated: 2 Oct, 2025
By Chris Salmon

After a serious work injury, you may be unable to work for weeks, months or even indefinitely. UK law allows you to claim compensation to cover both past and future loss of earnings, as well as reduced earning potential.

This guide explains your rights and how compensation is calculated if you cannot return to work.

At a glance

  • You can claim for lost earnings, bonuses, overtime and pension contributions.
  • Future loss of earnings and diminished earning capacity can be included.
  • Compensation may be paid as a lump sum or in instalments.
  • Personal injury trusts can protect large settlements from affecting benefits.
  • You must try to return to work if medically able, due to the duty to mitigate losses.

Your rights if you cannot return to work

The amount of compensation you receive should reflect when, or if, you are able to return to work. This includes:

Lost earnings

You are legally entitled to claim for lost wages under the principle of special damages. This includes not just your base salary, but also overtime, bonuses, commission and pension contributions. Payslips, contracts and tax records will usually be required as evidence.

Lost future earnings

If you are still unable to work when your claim is settled, you can also claim for projected future losses. Medical evidence, such as recovery prognosis and likelihood of permanent disability, will be used to calculate the period of time you are expected to be out of work. Courts often refer to actuarial tables, such as the Ogden Tables, when assessing these losses.

Diminished earning capacity

If you can return to work but at a reduced earning level, you may claim for diminished earning capacity. Examples include:

  • Needing to move into a lower-paid job due to physical restrictions.
  • Reduced working hours or needing more frequent breaks.
  • Delayed career progression due to prolonged recovery.

This can be particularly significant in skilled professions where career progression and future income can be reliably forecast.

Loss of future opportunities

You may also be compensated for lost opportunities, such as training or career paths you can no longer pursue. This is harder to prove, but evidence such as enrolment in training programmes or a clear career trajectory can strengthen your claim.

If you can't work, talk to your doctor and employer about support and adjustments. Keep payslips and letters about sick pay or reduced hours. These records help claims for both past and future lost earnings.

John Kushnick

Legal Operations Director
National Accident Law

How compensation is paid

Lump sum payments

Most compensation is paid as a lump sum. This is straightforward but can affect entitlement to means-tested benefits, so claimants should seek advice on how to manage large settlements.

Instalment payments

In larger cases, particularly those involving serious long-term disability, payments may be split. For example, an upfront lump sum could be paid for home adaptations, followed by regular payments for ongoing costs. This arrangement is known as a structured settlement.

Personal injury trusts

If you are under 18, or if you wish to protect your award from affecting state benefits or tax, compensation may be placed in a personal injury trust. Trustees (often family members or professionals) manage the funds until you are able to access them. Your solicitor can advise if this is appropriate for your situation.

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Do I have to return to work?

You have a legal duty to mitigate your losses. This means that if medical evidence shows you are able to return to work, even in a different role, you must make reasonable efforts to do so. If you refuse, your compensation for lost earnings could be reduced.

This principle was confirmed in British Westinghouse Electric v Underground Electric Railways (1912), where claimants are expected to take reasonable steps to minimise their losses.

See also: What to do if your employer pressures you to return to work after an injury but before you are ready

What if my condition worsens after settlement?

Compensation is awarded on a full and final basis. This means that once your claim is settled, you cannot return later to ask for more, even if your condition deteriorates. For this reason, solicitors will often advise waiting for a clear medical prognosis before settling your claim.

See also: Can I claim if an injury made a pre-existing condition worse?

Call now for free, specialist advice

We'll put you straight through to an experienced work injury advisor:

  • Advice that's right for your case
  • Check if you can claim
  • No Win, No Fee explained clearly

If you decide to make a compensation claim, we'll connect you with the right solicitor.

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Calls are confidential and are handled by our partners at National Accident Helpline. Work Accident Advice Centre (WAAC) is a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon