CICA Loss of Earnings Claim: Compensation Guide, Eligibility Criteria & How to Calculate Loss of Earnings
If you’ve suffered a loss of earnings due to the injury sustained from a violent crime, you may be eligible to claim compensation for this loss. A loss of earnings claim can cover earnings before and after an application is made, i.e. both past and future lost earnings. The period to which a loss of earnings payment will relate begins on the first day of the 29th week. This means you can’t claim loss of earnings for 28th weeks (this is approx 6 months). You can speak to our CICA criminal injuries compensation solicitors for any advice and to make a loss of earning claim through CICA.
What is loss of earning payment in CICA Claims?
If you are unable to work as a direct result of a criminal injury you may be eligible to claim a loss of earnings payment from Criminal Injuries Compensation Scheme (CICA).
Your criminal injury must be serious enough to have resulted in a total inability to undertake paid work, or a very limited capacity to do so. By very limited capacity CICA mean that the extent of your injuries means that you are not capable of undertaking more than a few hours of paid work per week. If you have capacity for paid work, but the type of work is restricted because of your injuries, you will not qualify for a loss of earnings payment.


In incidents involving sexual abuse & assault at a young age or historical sexual abuse cases, it may be that the applicant has never worked. As the series of incidents or incident of abuse took place prior to their ability to earn then they will still be able to make a claim for loss of earnings even though they have never been in regular employment.
Loss of earning payments begin on the first day of the 29th week. The first 28 weeks are discounted.
A loss of earnings claim can cover earnings before and after an application is made, i.e. both past and future lost earnings.
Past loss of earnings are calculated by Statutory Sick Pay rates multiplied by the number of weeks that the applicant was unable to work.
Future lost earnings are based on the same calculation, i.e. the weekly rate of Statutory Sick Pay multiplied by the number of weeks’ absent from work. Loss of earnings are then discounted in accordance with the table set out in Annex F of the Criminal Injuries Compensation Scheme 2012.
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How much can you claim for loss of earnings?
The period to which a loss of earnings payment will relate begins on the first day of the 29th week in which the applicant satisfies the condition in paragraph 43(1) of criminal injuries compensation scheme 2012.
The period to which a loss of earnings payment will relate ends on whichever is the earliest of:
(a) the day on which the applicant no longer satisfies the eligibility conditions to claim loss of earnings;
(b) the day on which the applicant will reach state pension age; or
(c) where the criminal injury has resulted in a life expectancy below the state pension age, the expected end of the applicant’s life.
The maximum CICA loss of earnings award is fixed at the value of Statutory Sick Pay (SSP) which is currently £109.40 per week. If you earn more than this sum, you will be extremely disappointed to know that you cannot recover the losses you have sustained.
A loss of earnings payment may relate to earnings lost before an application is determined (past loss of earnings) and such loss after the determination (future loss of earnings).
A loss of earnings payment in respect of past loss of earnings will be calculated by multiplying:
(a) the weekly rate, at the date of determination, of statutory sick pay under section 157 of the Social Security Contributions and Benefits Act 1992; by
(b) the number of weeks, treating part weeks as full weeks, during the period beginning on the day calculated in accordance with paragraph 44 of criminal injuries compensation scheme 2012 and ending on the day the application is determined.
A loss of earnings payment in respect of future loss of earnings will be calculated by multiplying:
(a) the weekly rate, at the date of determination, of statutory sick pay under section 157 of the Social Security Contributions and Benefits Act 1992; by
(b) the number of weeks, treating part weeks as full weeks, during the period beginning on the day after the day on which the application is determined and ending on the day calculated in accordance with paragraph 45 in criminal injuries compensation scheme 2012.
A loss of earnings payment made under paragraph 48 of criminal injuries compensation scheme 2012 (future loss of earnings) will then be discounted in accordance with the Tables in Annex F of criminal injuries compensation scheme 2012, which set out:
(a) multipliers to be applied to account for the accelerated receipt of payments (Table A of criminal injuries compensation scheme 2012);
(b) discount factors to be applied to a lump sum in respect of loss which starts at a future date (Table B of criminal injuries compensation scheme 2012); and
(c) assumptions in relation to life expectancy (Table C of criminal injuries compensation scheme 2012).
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How much can the CICA award for physical injuries claim?
Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to the criminal injuries compensation claim:
These figures are taken from the tariff of injuries at Annex E of the Criminal Injuries Compensation Scheme 2012. They are a guide only — the award in your case depends on CICA’s findings about the nature and severity of your injuries.
How much can the CICA award for sexual assault and sexual abuse claims?
Our sexual abuse calculator will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused.
If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. CICA applies this evidential standard strictly. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:
These figures are taken from the tariff of injuries at Annex E of the Criminal Injuries Compensation Scheme 2012. They are a guide only — the award in your case depends on CICA’s findings about the nature and severity of your injuries.
| Description | Award |
|---|---|
| Sexual assault | |
| minor - non-penetrative sexual physical act(s) over clothing | £1,000 |
| minor - non-penetrative frequent sexual physical act(s) over clothing | £1,500 |
| serious - non-penetrative sexual physical act(s) under clothing | £2,000 |
| serious - pattern of repetitive non-penetrative sexual physical acts under clothing | £3,300 |
| Sexual assault – one or more of non-penile penetrative or oral genital act(s) | |
| one incident | £3,300 |
| two or more isolated incidents | £4,400 |
| pattern of repetitive, frequent incidents – over a period up to 3 years | £6,600 |
| over a period of 3 years or more | £8,200 |
| resulting in serious internal bodily injuries | £22,000 |
| resulting in permanently disabling mental illness confirmed by psychiatric prognosis – moderate mental illness | £22,000 |
| severe mental illness | £27,000 |
| Non-consensual penile penetration of one or more of vagina, anus or mouth | |
| one incident | £11,000 |
| one incident involving two or more attackers | £13,500 |
| repeated incidents over a period – up to 3 years | £16,500 |
| 3 years or more | £22,000 |
| resulting in serious internal bodily injuries | £22,000 |
| resulting in permanently disabling mental illness confirmed by psychiatric prognosis – moderate mental illness | £22,000 |
| severe mental illness | £27,000 |
| resulting in serious internal bodily injury with permanent disabling mental illness confirmed by psychiatric prognosis – moderate mental illness | £33,000 |
| severe mental illness | £44,000 |
|
Other payments Where a person has sustained any of the following as a direct result of their being the victim of a sexual offence, an additional payment will be made. These payments will not be subject to the multiple injury formula at paragraph 37 of this Scheme. |
|
| Pregnancy | £5,500 |
| Sexually transmitted infection other than HIV, Hepatitis B or Hepatitis C – substantial recovery | £5,500 |
| Sexually transmitted infection other than HIV, Hepatitis B or Hepatitis C – permanent disability | £11,000 |
| Infection with one or more of HIV, Hepatitis B or Hepatitis C (sustained as a result of any crime of violence). This payment is not subject to the multiple injury formula. | £22,000 |
| Loss of foetus (sustained as a result of any crime of violence). This payment is not subject to the multiple injury formula. | £5,500 |
You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
- Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
- Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and you are a blameless victim.
- Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.
- Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.
- Behaviour of The Victim: The victim’s behaviour must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behaviour contributed to the injury, but this will be assessed by CICA on a case-by-case basis.
- Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has an unspent criminal record.
- Injuries Before 1979 (the “same roof” rule): Until 2019, victims injured before 1 October 1979 by an attacker they lived with could not claim. That restriction was abolished in June 2019, so if you were previously refused compensation for this reason you may now be able to apply.
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we can’t secure any compensation.
What is Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.
To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.
The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.
What Payments Are Available From The Scheme?
CICA will consider claims for the following injuries, medical conditions and special expenses:
- mental or physical injury following a crime of violence;
- sexual or physical abuse;
- loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
- special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
- a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.
How We Can Help With CICA Claim?
- Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.
- Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.
- Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.
- Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.
- No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we can’t secure any compensation for you from CICA.
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.


