If I claim compensation for slipping on a tomato in a supermarket, will I be able to claim for loss of earnings? I broke my leg and I am not allowed to go to work until my plaster cast is removed.
Compensation for slipping on a tomato in a supermarket can be claimed for all financial losses suffered as a result of your injury by making a claim for special damages.
Food left on supermarket floor
You can recover a shortfall in your earnings if you have not been paid in full for the period of time you have had to take off work or for the difference between your full salary and any payments of statutory sick pay that you have been paid. It may also be possible for you to claim for lost overtime, loss of holiday allowance, missed pension contributions and any other financial losses related to your employment such as bonuses.
It is usually necessary to substantiate a claim for lost earnings with bank statements or pay slips from the preceding six months, with an average of the net monthly earnings being taken to determine actual losses.
Other costs and expenses which can also be included in your compensation claim for slipping on a tomato on the floor under special damages can include â€” but are not limited to – medical treatment costs, transport costs due to being unable to drive, home help costs and prescription charges. If you damaged any personal property when you slipped on a tomato, you will be entitled to claim the cost of replacement for the damaged items or the cost of repair.
Provided that an expense (either past or future) can be substantiated by receipts or invoices it should be possible to recoup the losses under special damages if the costs can be directly attributed to the accident or your injury.
In addition to financial losses, you will be entitled to make a claim for general damages to receive recompense for pain, suffering and loss of amenity. Loss of amenity covers any deterioration in your quality of life and the inconvenience of having broken your leg when you slipped on a tomato. General damages will need to be calculated by a personal injury solicitor, with the amount of compensation for slipping on a tomato in a supermarket based on guidelines issued by the Judicial Studies Board. A solicitor will consult the range of compensation applicable for your particular injury, and will calculate your entitlement based on the severity of your bone fracture as well as factoring in compensation for any other injuries sustained in the slip and fall (such as soft tissue injuries).
However, before any calculation of compensation amounts can be made, it is important that your case is investigated by a personal injury solicitor as you will need to have your right to make a compensation claim for slipping on a tomato on the floor is assessed. Once eligibility to claim compensation has been confirmed, your chosen solicitor will calculate your full entitlement to compensation.