Will An Airline Pay Loss of Earnings After an Accident?
If you are injured during a flight and unable to work as a result, you may be wondering whether you can recover your lost income. Where an airline’s negligence or an unexpected event has caused you to take time off work, it may be possible to claim loss of earnings as part of a wider personal injury compensation claim.
In this guide, JMW’s specialist solicitors explain when airlines may be liable, what evidence is required, and how the flight accident claims process works under both international law and the law in England and Wales.
Can I Claim Loss of Earnings After an Airline Accident?
Yes - in some circumstances. An airline may be required to pay compensation for loss of earnings if:
- You sustained an injury on a flight, or during boarding or disembarkation.
- The injury was caused by an unexpected event or a failure in safety.
- You have medical evidence and employment records showing the impact on your ability to work.
Loss of earnings is not awarded automatically. It must be part of a valid airline injury claim, supported by strong documentation.
How Loss of Earnings Fits Into a Flight Accident Compensation Claim
Loss of earnings is one of several forms of compensation that may be available if you are injured during a flight. A personal injury claim aims to recover the full extent of the financial and personal impact caused by the incident. Depending on your circumstances, you may also be able to claim for:
- Medical expenses: including treatment received abroad, follow-up care at home, and costs of medication or rehabilitation.
- Travel costs: such as alternative transport, cancellations, or expenses related to attending medical appointments.
- Pain, discomfort and reduced enjoyment of your trip: covering the disruption to your holiday or travel plans and the physical and emotional toll of the injury.
If your injury caused you to stop working temporarily, reduce your hours, or make long-term changes to your employment, the resulting income loss can be included as part of your compensation claim. This applies whether you are employed, self-employed or freelance - as long as the loss can be clearly demonstrated.
Where the flight was part of an international journey, your claim will usually fall under the Montreal Convention, which sets out the circumstances in which airlines are liable. For domestic flights, compensation is determined under the law in England and Wales, and will depend on whether the airline failed in its duty of care.
What Type of Incidents Might Justify a Loss of Earnings Claim?
Not all in-flight injuries lead to time off work. However, if you sustained an injury that interfered with your ability to carry out your usual duties, this could support a claim for lost income. Examples include:
- Falling luggage causing back, head or neck injuries.
- Hot drinks or food causing burns or restricted movement.
- Trolley accidents resulting in fractures, sprains or other trauma.
- Slips or trips in aisles or on boarding steps.
- Poor assistance from cabin crew or airport staff, leading to a fall or worsening of an existing condition.
- Injuries caused by extreme turbulence.
If the injury caused time away from work or limited your capacity to carry out tasks, you may be entitled to claim for that loss.
What Evidence Do You Need to Claim for Loss of Earnings?
To successfully recover lost income, your claim must be well supported. You will need:
- A formal accident report from the airline or airport.
- Medical records showing the nature and seriousness of the injury.
- A letter from your employer confirming your absence and loss of income.
- Recent payslips or earnings documentation.
- Witness statements or contact details of anyone who saw the incident.
A medical expert will be asked to assess to support whether your time off work was appropriate and related to the injury sustained.
Will an Airline Dispute a Loss of Earnings Claim?
It is possible that the airline may challenge the validity of the claim on several grounds, such as:
- Denying that an “accident” occurred under the definition set by the Montreal Convention.
- Disputing the severity of the injury or the amount of time taken off.
- Arguing the loss of income was caused by another factor.
This makes it vital to gather evidence early and seek legal advice. An experienced solicitor can guide you through the process and make sure your claim is robust and well-presented.
How Much Compensation Could I Receive for Loss of Earnings?
There is no fixed amount. The total you may recover depends on several factors, including:
- Your salary or earnings at the time of the accident.
- The duration of your time off work.
- Whether your long-term ability to work has been affected.
- The clarity and reliability of your supporting documentation.
Loss of earnings is assessed alongside other forms of compensation, including medical expenses and compensation for the physical and emotional effects of the injury. JMW’s team will always work to secure the maximum compensation available based on your circumstances.
Why Choose JMW?
Our dedicated team of specialist airline injury solicitors has years of experience handling complex aviation-related personal injury claims. We’re here to make the process straightforward and take the pressure off you. Here’s how we help:
- A clear, no win, no fee agreement from the start - no hidden costs or unexpected fees.
- Straightforward advice to help you understand your rights and next steps.
- Evidence gathering to build a strong case on your behalf.
- Dealing directly with the airline or their insurers for you.
- Access to legal advice throughout your claim.
We provide responsive, practical legal support, so you can focus on your recovery while we handle the rest.
Talk to Us
If an injury during a flight has affected your ability to work, we can advise whether you’re entitled to claim for your lost income. Our team is available to assess your case and explain your options clearly.
Call us on 0345 872 6666 or complete our online enquiry form to arrange a free initial consultation.