Can I claim for loss of earnings for attending physio?
I was involved in an accident in 2020 where a car did not stop at a junction and hit me off my bike. The car driver admitted responsibility. I was injured and my medical expert recommended that I attend physiotherapy sessions. I attended physiotherapy sessions in the late afternoon which meant that I had to take time off work and I was not paid as a result.
My legal team (instructed by my broker) tells me I cannot recover my lost income which I find hard to believe. Is this correct?
James Wright, by e-mail
Answer
I don’t see a reason why you can’t recover your loss of earnings for attending physiotherapy which has been medically recommended as a direct result of the accident. The aim of the claim is to put you into the financial position you would have been in had the accident not happened. Attending physiotherapy is akin to undergoing surgery and claiming lost earnings for the time off work recovering.
I think there must be more to this. Perhaps they are arguing a failure to mitigate your loss by not attending physiotherapy outside of work hours. Or perhaps you are self-employed and trying to claim an hourly rate but unable to prove a loss to your business through the physiotherapy attendance. I suggest you ask you legal team for a proper explanation – precisely why it is they are saying you cannot recover your loss of earnings?
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