Liability has been admitted by her insurer, but it does not change the fact my foot looked like something you find in a doner kebab. My surgeon has done a great job, but I’m currently not fit enough to be at work. My boss has been fantastic and said he should be able to get me back into a desk-based position. I have made all the right noises about accepting that, if need be. However, it will never be as good as being a ‘hands-on’ engineer.
While I understand I can claim for my injury, loss of earnings and boots, and so on, can I claim for not being an RAF engineer anymore? I will be devastated if I can’t return to that role. I have explained this to the paralegal my insurer has appointed but he doesn’t seem to get it.
Answer
First things first, you have suffered an awful injury. It is easy for me to say, sat at my desk, but it is not long since the accident and you may be able to return to your job, depending on your recovery. I had a police officer some years ago with a similar injury, and after about 15 months he was back on the force. It is also worth pointing out that the RAF often send injured personnel to a rehabilitation centre (the army, police and fire service also usually do this). If you have not investigated this, I suggest you do. If they can help with your rehabilitation, they may be able to recover their costs in helping you from the driver’s insurer.
Turning to your specific question of being unable to return to being a ‘hands-on’ engineer. I suspect that in addition to a claim for your injuries and loss of earnings, you would have a separate claim for a ‘loss of congenial employment’. This specific head of loss is for claimants who are precluded from doing a job they really enjoy.
Historically, this head of loss arises in instances where the claimant’s pre-accident job was of an unusual nature – ie, a professional boxer, or a ballet dancer. As the years have passed, and the law has evolved, a claimant needs to only prove they took a great deal of satisfaction and fulfilment from their work, and that the accident has stopped them doing this, to be awarded a separate sum.
In light of your career history, if you cannot return to your job, I’m of the view you would likely be compensated for a loss of congenial employment.
As for the sum of compensation, there are no hard and fast rules on this – no sums are set in law and every case turns on its own facts.
I strongly advise you get a qualified solicitor who is experienced in dealing with complex personal injury cases. Do not leave this to an unqualified paralegal appointed by your insurer. If need be, do your research and change solicitors sooner rather than later. You only get one chance to settle your claim properly.
Andrew Prendergast
RiDE – June 2026
