Claiming your lost earnings before trial
You are off work after the accident and want to know how that lost income is claimed.
Loss of earnings is the income you missed between the accident and your trial or settlement, proven with real records rather than an estimate. It is separate from a reduced ability to earn in future, which is assessed differently.
What this head of loss covers
This covers wages, salary, business income or gig earnings missed because the injury stopped you from working, from the date of the accident up to trial or settlement.[1] It does not include future income, which sits under a separate head.
How it differs from loss of future earning capacity
Loss of earnings looks backward, at income already missed. Loss of future earning capacity looks forward, at how the injury may reduce what you can earn afterwards. A single claim can include both where the facts support it.
The evidence that proves it
An employee typically relies on payslips and an employer’s letter. Someone self-employed relies on tax filings, invoices and bank records. Proving your lost income sets out the full list by type of evidence.
Different types of worker, different proof
- Employees: loss of income for employees
- Business owners: loss of income for business owners
- Gig and platform workers: loss of income for gig workers
- Anyone self-employed more broadly: self-employed income loss
What can make this head harder to claim
Gaps in income records, cash-in-hand pay with no paper trail, and returning to work part-time without documenting the reduced hours all weaken this part of a claim. None of these end a claim, but each makes the proof heavier to build.
What to do next
Gather income evidence early, because payslip copies and old invoices get harder to obtain with time. The general deadline for an ordinary injury claim is six years from the accident in Peninsular Malaysia.[2] How compensation is worked out shows where this head sits among the others.
An independent lawyer can collect your payslips and employer letters and put the claim to the insurer. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does loss of earnings cover the whole time I am unable to work?
It covers the period up to trial or settlement. If the injury keeps affecting your ability to earn afterwards, that longer-term loss falls under loss of future earning capacity instead, assessed on different evidence.
I am paid partly in cash. Can I still claim for lost income?
It becomes harder without a paper trail, but not impossible. Bank-in records, client invoices, or a pattern of regular deposits can help show what you were actually earning before the accident.
What if I returned to work early but on reduced hours?
The difference between your normal pay and what you actually earned during that reduced period can generally still be claimed, provided you can document the reduced hours and pay with your employer's records.
Do I need a letter from my employer specifically?
It helps considerably. A short letter confirming your role, salary, and the period you were unable to work adds weight to payslips alone, and is simple for most employers to provide.
Sources
- Civil Law Act 1956, s.28A (Attorney General's Chambers) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.