The accident was more severe and is still in your bones. You don't feel able to continue working normally the next day.
How to recover in peace and still receive continued payment of wages? In this guide, we explain how you can make a claim for loss of earnings after a road traffic accident.
- In addition to material damage (repairs, medical costs), a road accident can also result in non-material damage.
- The loss of earnings is regarded as immaterial damage.
- In the case of salaried employees, the employer will continue to pay wages for the first 6 weeks. After that, the liability insurance of the person responsible for the accident covers the costs.
- The amount of loss of earnings is calculated differently for employees and the self-employed.
What is the loss of earnings after a road accident?
After a road traffic accident, the party responsible for the damage should pay the costs. Costs are all material and immaterial damages that have arisen as a result of the accident. Material damages are, for example, the repair costs and immaterial damages are, for example, the loss of earnings following a road traffic accident. The resulting damage can therefore also include the inability to work of the person involved in the accident. After all, anyone who can no longer do office work due to a traumatic brain injury will inevitably lose their job: This results in economic damage.
Who pays for the loss of earnings after the accident?
Loss of earnings after a car accident is usually paid by the liability insurance of the person responsible for the accident. You will receive compensation for your loss of earnings directly from the other party's insurance company in the event of an accident that was not your fault. If you are partly to blame for the accident, this claim may be reduced.
Your employer must continue to pay your salary for the first six weeks after an accident. Only after this period has expired does the health insurance come into effect, which in turn then falls back on the insurance of the person responsible for the accident.
How is the loss of earnings after an accident calculated?
When calculating the compensation payment for loss of earnings following an accident, a distinction must be made between employees and self-employed persons.
By law, employees receive continued salary payments from their employer for up to six weeks after the accident. Only then do claims against the person responsible for the accident take effect.
For self-employed persons, the case is somewhat more complicated: here, an actual financial loss must first be proven, which may result from a reduction in profit or the hiring of a replacement. In this case, the inability to work alone is no guarantee of compensation.
The Amount of the default payment is based on the respective income of the injured party, which is why its calculation is very simple. A hypothetical income is calculated on the basis of corresponding evidence from previous months - i.e. the amount you would receive if you were able to continue working as normal. However, in order to take into account income from special payments such as Christmas bonuses or holiday pay, in most cases the past twelve months are used to calculate the hypothetical salary. Self-employed persons must have the amount of a possible loss of earnings payment calculated with external help - for example with the help of experts or auditors - because their income usually fluctuates more strongly.
How do I receive compensation in the form of continued payment of wages after the accident?
In order to actually receive compensation, it is important to report the damage correctly and communicate it properly. However, the path to compensation for loss of earnings is not always easy. We will be happy to help you with this and take care of your correct application.
How do I find the right steps for fair claims settlement?
Have you suffered a loss of earnings after a car accident? Then play it safe and contact us directly:
- Our competent team of experts will discuss with you the best way to proceed.
- If necessary, we can help you find the right doctor.
- Your complete claims are processed by specialised teams of lawyers using our software.
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you.
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you.
- You are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.
We cannot undo your road accident. But we will make the best of it for you, we promise!
