Loss of earning capacity constitutes a crucial head of damage in personal injury cases. It concerns the income that you can no longer earn because you are limited in your work capacity due to injury.
What is meant by loss of earning capacity?
- Income reduction during the recovery phase
- Future income loss due to permanent limitations
- Missed opportunities for career and salary growth
- Loss of pension entitlements
- Reduced income from secondary activities
How is the damage calculated?
The damage due to loss of earning capacity is determined by comparing two situations:
| Situation | Calculation |
|---|---|
| Without accident | What you would normally have earned |
| With accident | What you currently earn or can still earn |
| Damage amount | The difference between the two situations |
Important factors in the calculation
- Income prior to the accident
- Expected career development and promotion opportunities
- Current earning capacity
- Age and retirement date
- Your position in the labour market
Conversion to a lump sum
Future damage is converted into a one-time payment (capitalisation):
- A calculation expert performs the calculation
- Interest and inflation are taken into account
- Positive and negative risks are offset
Special situation for young victims
For young victims, the damage is often significant:
- Longer period of income loss due to more lost working years
- Uncertainty about future earnings
- A realistic estimate is used as the basis
What if my income was not fixed?
Even with variable income (e.g., as a self-employed person or flex worker), the damage can be established. Usually, the average income from the years prior to the accident is taken as the starting point.Does a WIA benefit count as income?
Yes, received benefits reduce the damage. However, damage often remains because benefits are generally lower than the original salary.Can I claim damage for missed career opportunities?
Yes, if you have missed opportunities for a better position or salary increase due to injury, you can claim this. However, it must be demonstrable.Frequently asked questions about loss of earning capacity in Leiden
What does loss of earning capacity entail?
It is an important head of damage in personal injury and concerns the income you lose due to reduced work capacity as a result of injury.
What are the legal conditions?
The damage is determined by a comparison between the situation without and with accident.
What are my rights and obligations?
Future damage is converted into a lump sum via capitalisation.
What if I do not comply with the rules?
For young victims, the damage can be higher due to a longer period of income loss.
What mistakes are often made?
Many people do not understand that certain rules surrounding personal injury cannot be ignored. Engaging a legal expert can prevent missteps.
When should I seek legal assistance?
It is advisable to seek advice in case of uncertainties about your rights, conflicts with involved parties, or if you suspect that the settlement is not proceeding correctly. Early advice can save costs and problems.
Summary
Loss of earning capacity is an essential component of personal injury claims in the Netherlands. Both victims and involved parties have rights and obligations. Non-compliance with rules can have legal consequences.
Key points
- Loss of earning capacity is laid down in the Civil Code
- All parties have specific rights and responsibilities
- Breach of rules can have legal consequences
- In case of doubt, legal advice is recommended
- Clarity and preventive measures prevent complications
Local information:
For legal support in Leiden, you can go to the Juridisch Loket Leiden at Stationsweg 46. In addition, the Rechtbank Den Haag, Leiden location handles cases related to personal injury and earning capacity.