Last Updated on May 7, 2026 by tanya

Injured at Work? Claim Special Damages

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

What Is Included in Special Damages When Making a Claim

Have you been injured at work? You may be able to claim special damages which covers financial losses you may have incurred due to the accident. An injury at work can leave you facing more than physical pain. Many people struggle with lost wages, medical expenses, travel costs, and long-term financial uncertainty – all while trying to recover.

If you were injured at work through no fault of your own, you may be entitled to claim special damages as well as general damages for pain and suffering. This is to ensure you are not left out of pocket because of your employer’s negligence.

Contact our team to find out if you have a claim for compensation.

 

What Are Special Damages in a Workplace Injury Claim?

Special damages compensate you for the financial impact of your workplace injury. They are designed to put you back, as far as possible, in the financial position you would have been in if the accident had never happened.

You May Be Able to Claim for:

 

Lost earnings (including overtime, bonuses, and future income)

Medical treatment and rehabilitation costs

Prescription charges

Travel expenses to appointments

Care and assistance, even if provided by family

Loss of pension contributions

Adaptations to your home or vehicle

Damage to personal items such as tools, glasses, or work equipment

 

Many injured workers do not realise how much they can legally recover and so often settle for far less than they deserve.

 

Special Damages vs General Damages: What’s the Difference?

Most workplace injury claims include two types of compensation:

 

1. General Damages

General damages compensate you for:

Physical pain and suffering

Psychological injury

Loss of enjoyment of life (also known as loss of amenity)

 

Courts assess general damages using medical evidence and nationally recognised guidelines.

 

2. Special Damages

Special damages compensate you for:

Lost income

Out-of-pocket expenses

Long-term financial losses caused by the injury

 

The key difference: General damages reflect how the injury affects you. Special damages reflect how the injury affects your finances.

If the injury is severe and affects your ability to work, compensation for special damages can soon add up..

 

Can You Claim Special Damages If the Accident Wasn’t Your Fault?

Yes. Employers in England and Wales have a legal duty of care to protect their employees. You may have a strong claim for compensation if your injury occurred because your employer:

 

Failed to provide safe equipment

Did not offer proper training

Ignored health and safety rules

Failed to carry out risk assessments

Allowed unsafe working conditions

 

How to Claim Special Damages After a Workplace Injury

1. Get Medical Treatment Straight Away

Medical records are vital as they link your injury directly to the accident and form the foundation of your claim.

 

2. Report the Accident at Work

Ensure your employer records the incident in the accident book. If possible, keep a copy or take photos.

 

3. Keep Evidence of Financial Losses

This step is critical for special damages. Make sure you gather:

• Payslips showing reduced income
• Receipts and invoices
• Travel costs
• Bank statements
• Care records

Without evidence, insurers may refuse to pay — even if the loss is genuine.

 

4. Speak to a Personal Injury Solicitor Early

This is where many successful claims are won or lost. This is because there is a three-year time limit from the date of the injury, or the date on which you became aware of the injury, to file your claim.

In addition, it is far easier to gather evidence while it is fresh as it can be lost or misplaced over time.

 

Why Using a Personal Injury Solicitor Can Increase Your Compensation

Insurance companies aim to settle claims quickly and cheaply. Without legal advice, an injured worker may accept an offer which fails to reflect the true value of their losses.

Your solicitor will:

 

1. Accurately Value Your Claim

Solicitors identify losses many people overlook, which may include:

 

Future loss of earnings

Reduced career prospects

Long-term care needs

Pension losses

 

2. Handle Insurers on Your Behalf

Your solicitor knows how to gather expert evidence, challenge low offers, and negotiate from a position of strength.

 

3. Protect You With No Win, No Fee

Most claims run on a No Win, No Fee basis which means:

 

No upfront costs

No financial risk

Fees only payable if your claim succeeds

 

4. Ensure You Don’t Miss Deadlines

You usually have three years to start a claim. Missing this deadline can mean losing your right to compensation entirely.

 

How Much Are Special Damages Worth?

The value depends on:

Your income

The severity of your injury

How long recovery takes

Whether the injury affects your future employment

Your solicitor will be able to estimate the compensation for your claim, as each has unique circumstances.

 

Common Mistakes That Reduce Compensation

Accepting early settlement offers

Failing to keep receipts

Underestimating future losses

Trying to handle insurers alone

Waiting too long to get legal advice

These mistakes may permanently reduce your compensation.

 

Get Free Legal Advice Today

If you’ve been injured at work in England or Wales and it wasn’t your fault, you should not have to shoulder the financial burden alone. A specialist personal  injury lawyer can confirm:

Confirm whether you have a valid claim

Explain what special damages you can recover

Handle your case on a No Win, No Fee basis

Secure the maximum compensation available

Reaching out to a trusted claims company can make a significant difference in your journey ahead and we ensure you receive all the support you need. 

Call us at 0333 358 2345 or contact us online at First Personal Injury for a free, no-obligation consultation.