Loss of Earnings for Victims of Crime: Understanding CICA Claims

For many victims of violent crime, the impact goes far beyond the immediate physical and emotional injury. Time off work, reduced earning capacity, or even loss of employment can create lasting financial pressure.

If you’ve been unable to work because of a crime of violence committed against you then you may be entitled to compensation for loss of earnings through the Criminal Injuries Compensation Authority (CICA). This is separate from a civil claim against any offender, and it often becomes the only realistic route where the offender is unknown, uninsured, or unable to pay.

This article explains how loss of earnings is dealt with under the CICA scheme, how it differs from civil claims, and what you need to consider before making an application.

What is CICA and how does it deal with loss of earnings?

The Criminal Injuries Compensation Authority is a government scheme that compensates victims of violent crime in England, Wales and Scotland.

Unlike a civil personal injury claim, which is based on restoring you to your previous financial position, the CICA scheme is more limited in scope.

In relation to lost income, the key points are:

Loss of earnings is only payable in specific circumstances
It is usually limited to serious injuries that prevent you from working
Compensation is calculated using a set statutory approach, not your actual salary

In practical terms, this means many people are surprised by how low awards for lost income can be.

When can you claim loss of earnings through CICA?

To qualify for loss of earnings under the scheme, you must generally show:

You have been incapable of work for more than 28 weeks as a direct result of the criminal injury
You were in paid work (or had a proven work history) before the incident
Your inability to work is supported by medical evidence

For example:

A warehouse worker suffers a serious assault resulting in multiple fractures. They are unable to return to work for several months. If the absence extends beyond 28 weeks and is medically supported, a CICA loss of earnings claim may arise.

Short-term absences from work are not usually covered.

How is loss of earnings calculated?

This is where CICA differs most significantly from civil claims.

Rather than compensating your actual lost salary, the scheme applies a fixed rate based on statutory earnings thresholds.

Typically:

Compensation is paid at a standard rate linked to Statutory Sick Pay levels, not your usual wage
Payments only begin after the first 28 weeks of incapacity
Future loss may be considered, but still within the scheme’s structured limits

This can result in a significant difference compared to what you might recover in a civil claim.

In a civil case, for example, a self-employed tradesperson or a high earner could recover their actual loss of income, including future losses. Under CICA, the same person would receive compensation on a far more restricted basis.

What about self-employed or irregular income?

If you are self-employed or have irregular earnings, proving eligibility can be more complex.

CICA may require:

Tax returns
Business accounts
Evidence of consistent working history

The key issue is demonstrating that you had a settled pattern of work before the injury and that the crime directly prevented you from continuing.

Civil claims vs CICA: why the distinction matters

Where possible, a civil claim against an offender can provide more comprehensive compensation, including:

Full recovery of lost earnings (past and future)
Pension losses
Other financial losses linked to employment

However, in many cases:

The offender is unknown
There is no insurance backing
Enforcement is unrealistic

In these situations, CICA becomes the primary route for compensation, albeit with its limitations.

Understanding which route applies, and whether both may be available, is crucial at an early stage.

Key considerations before applying

If you are considering a claim for loss of earnings through CICA, it is important to act promptly and carefully:

Time limits: Applications should usually be made within two years of the incident as opposed to three years for a civil claim. If a minor the time limit starts to run from their 18^th birthday.
Police cooperation: You must have reported the matter to the police and cooperated with any investigation
Medical evidence: Clear documentation linking your inability to work to the injury is essential
Work history: Be prepared to evidence your employment status before the incident

Delays or gaps in evidence can make claims significantly more difficult.

How Ison Harrison can help

CICA claims are often seen as straightforward, but loss of earnings cases in particular can be technical and evidence-driven.

At Ison Harrison, we regularly assist clients with:

Assessing whether a CICA or civil claim—or both—is appropriate
Gathering and presenting the right financial and medical evidence
Challenging CICA decisions where loss of earnings has been refused or undervalued
Navigating appeals within the scheme

A common concern we see is clients abandoning valid loss of earnings claims because the process feels unclear or overly rigid. With the right guidance, those claims can often be progressed more effectively.

Practical next steps

If you have lost income following a criminal injury:

Seek medical advice and ensure your injuries are properly documented
Keep records of your employment and earnings
Consider your options early, particularly whether a civil claim is viable
Take legal advice before submitting a CICA application where loss of earnings is involved