Loss of professional earnings

The loss of income suffered by the injured person between the date of the accident and the date of consolidation chosen by the experts is compensated through this item of damage.

Professional technicians must explain in detail the victim’s professional activities at the time of the accident. The period of compensation is the time off work considered to be attributable to the accident. It may happen that the time off work attributed by the expert to the accident does not correspond to the actual situation of the time off work issued by the treating physician. As a result, the attributable period may be less than the total time off work. Experts may consider that not all work stoppages are attributable on the basis of factors alone. Particular care should be taken to ensure that victims compensate for the loss of income due to sick leave caused by the accident.

Assessing Compensation

The current loss of professional income is related to the economic loss suffered by the victim during the period of disability. The victim has the right to ask the person responsible to reimburse the amount during the period of temporary incapacity, such as wages, salaries or bonuses that were not received due to the accident. The assessment of the loss of income must be made in concreto, taking into account the evidence of loss of income presented by the injured person up to the date of consolidation. The loss of income is calculated net (not gross) and without tax consequences. For an employed victim, the calculation is generally not difficult (monthly salary x number of days of incapacity for work). When the duration of the work stoppage is extended by several years, it is necessary to take into account the changes in salary throughout the period and the legal increases or promotions.

When income is irregular, the assessment may be more difficult. In the first case, we will determine the average income of previous years, based on the income statement and balance sheet. Occupational situations such as seasonal workers, intermittent entertainment or catering are studied separately.

If the victim is not an employee, whether self-employed or entrepreneur, he or she must calculate the loss of turnover. We deduct only the variable costs (raw materials, petrol, etc.), as the fixed costs will continue to be borne (professional rent, insurance, etc.). If the injured party has hired a replacement, the costs of the employment must be incurred without prejudice to the loss of business.

In appropriate circumstances, it may be necessary to require an accounting. This element of loss will be deducted from the expert’s confirmation of the daily allowance during the period of incapacity, the continued salary and the payment under the provident insurance contract.