Loss of earning capacity constitutes a crucial head of damage in personal injury cases in Zoetermeer. It concerns the income that you cannot earn due to limitations resulting from injury.
What is meant by loss of earning capacity?
- Loss of income during the recovery phase
- Future income loss due to permanent limitations
- Missing career opportunities and promotions
- Loss of pension accrual
- Loss of additional income from side activities
How is this calculated?
The calculation of loss of earning capacity compares two situations:
| Situation | Calculation |
|---|---|
| Without accident | What you would normally earn |
| With accident | What you can now still earn |
| Difference | This constitutes your damage amount |
Important factors in the calculation
- Income prior to the accident
- Expected career development
- Current earning capacity
- Age and retirement age
- Position in the labour market
Capitalisation of damage
Future damage is converted into a lump sum (capitalisation):
- An expert performs the calculation
- Interest and inflation are taken into account
- Positive and negative risks are weighed
Special attention for young victims
For young victims in Zoetermeer, the damage is often considerable:
- Long period of income loss
- Uncertainty about potential earnings
- A realistic estimate is made
What if I did not have a fixed salary?
Even with variable income (e.g., as a self-employed person or flex worker), damage is calculated. Often, the average income over the years prior to the accident is considered.Does a WIA benefit count as income?
Yes, received benefits reduce the damage. However, damage often remains because benefits are generally lower than your previous income.Can I claim damage for missed career opportunities?
Yes, if you have missed promotions or better jobs due to injury, you can claim this. However, it must be convincingly demonstrated.Frequently asked questions about loss of earning capacity in Zoetermeer
What does loss of earning capacity entail?
It is an important head of damage in injury cases, namely the income that you miss out on due to reduced work capacity.
What are the legal conditions?
Damage is determined by comparing your situation before and after the accident.
What are my rights and obligations?
Future damage is converted into a lump sum via capitalisation.
What if I do not follow the rules?
For young victims, the damage can be considerably higher due to the long duration of income loss.
What are common mistakes?
Many people do not understand that certain rules are mandatory and cannot be ignored. Legal advice in Zoetermeer can prevent missteps.
When should I seek legal help?
It is advisable to seek advice in case of uncertainties about your rights, conflicts with employers, or if you suspect you are not being treated fairly. Early help via, for example, the Juridisch Loket Zoetermeer can prevent many problems.
Summary
Loss of earning capacity is an essential component of personal injury claims in Zoetermeer. Both employers and employees have rights and obligations that must be complied with.
Key points
- Loss of earning capacity is laid down in the Civil Code
- Rights and obligations apply to all parties involved
- Non-compliance can have legal consequences
- In case of doubt, advice from the Juridisch Loket Zoetermeer is recommended
- Clarity and agreements prevent many disputes