Loss of earning capacity constitutes a crucial damage item in personal injury cases. It concerns the income that you can no longer earn due to limitations as a result of an accident or injury.
What does loss of earning capacity entail?
- Income missed during the recovery phase
- Future income loss due to permanent limitations
- Missed opportunities for promotions or career development
- Accumulation of pension that is lost
- Loss of additional income from side activities
How is the damage calculated?
The calculation of loss of earning capacity is done by comparing two situations:
| Situation | What is determined |
|---|---|
| Without the accident | What you would normally have earned |
| With the accident | What you can now still earn |
| Difference | This forms the damage claim |
Important factors in the calculation
- Income before the accident
- Expected career development and promotion opportunities
- Current earning capacity after injury
- Age and retirement date
- Position in the labour market
Conversion to a lump sum
Damage for the future is converted into a one-time payment (capitalisation):
- An expert carries out the calculation
- Interest and inflation are taken into account
- Risks and opportunities are incorporated into the calculation
Special situation for young victims
For young victims, the damage is often considerable:
- Longer period of income loss due to more lost working years
- Uncertainty about potential future earnings
- A realistic estimate is used as the basis
What if I did not have a fixed salary?
Even with variable income (for example, as a self-employed person or flex worker), the damage is determined. Often, the average income over the years before the accident is considered.Does a WIA benefit count as income?
Yes, received benefits reduce the damage claim. However, damage often remains because benefits are usually lower than the original income.Can I claim damage for missed career opportunities?
Yes, if due to injury you have missed opportunities for a better position or salary increase, you can claim this. However, it must be well substantiated.Frequently asked questions about loss of earning capacity in Westland
What exactly does loss of earning capacity mean?
It concerns the income that you miss out on because due to injury you cannot or can only limitedly work.
Which rules apply to claiming this damage?
The damage is determined by a comparison between your situation before and after the accident.
What are my rights and obligations?
Future damage is converted into a one-time payment via capitalisation.
What if I do not comply with the rules?
For young victims, the damage can be particularly high due to the long period of income loss.
What are common misconceptions?
Many people do not understand that certain rules are mandatory and cannot be adjusted. Seeking legal advice can prevent problems.
When is legal advice needed?
It is advisable to seek help in case of uncertainties about your rights, conflicts with employers, or if you suspect that your claim is not being handled correctly. Early advice can save costs and stress.
In short
Loss of earning capacity is an essential part of personal injury claims. Both employers and employees have rights and obligations. Non-compliance can have legal consequences.
Key points
- Loss of earning capacity is laid down in the Civil Code
- Rights and obligations apply to both parties
- Non-compliance can lead to legal action
- In case of doubt, legal assistance is recommended
- Clarity and agreements prevent conflicts
Relevant institutions in Westland: For legal support, you can contact the Juridisch Loket Westland. Cases are often handled by the District Court of The Hague (district).