My wife had an accident...

comercrawley

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Your questions answered……

Question:  My wife had an accident last year and is making a claim for compensation. She broke her right arm in the accident and as she is right handed there were lots of things that she found it difficult to do, particularly when her arm was in plaster.  I took time off work to look after her and wondered if it was possible to make a claim for this. Please advise me.

Answer:   Yes, it is possible to include in your wife’s claim for compensation a claim in relation to the time that you spent looking after her.  The claim would be for the help that you provided to your wife with tasks that she would normally do for herself but which she was unable to do following the accident because of her incapacity from the injuries.  This would include help with getting washed and dressed, domestic tasks (for example, help with making meals and drinks) and gardening.

If you suffered a loss of pay by taking time off work you can make a claim for that loss. This can be calculated either through your payslips or by a letter from your employer (I have assumed that you are employed; if you are self employed, the calculation would be different). 

You can however make a claim for compensation] even if you have not suffered a loss of earnings.  The claim is termed voluntary care and assistance and will be calculated based on the number of hours that you spent in looking after your wife.  The claim is based on an hourly rate that is equivalent to employing a paid carer but is reduced slightly to take into account the fact that the assistance was provided on a voluntary basis.

A claim can be made for both loss of earnings and voluntary care and assistance.  This applies where the relative is able to return to work but the person who has been injured continues to need help with some tasks (such as domestic chores and gardening).  It is obviously important however to make sure that there is no duplication in the claim being made.

If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.