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Past loss of earnings

Its 5 cross-references, woven across the glossary's 18 categories

The temporary pecuniary head of loss that compensates the income the victim lost between the accident and consolidation, less daily allowances and continued salary.

Definition

Between the accident and consolidation, the victim is often fully or partly off work. Past loss of earnings compensates the difference between the income the victim would have earned without the accident and what they actually received. The calculation starts from reference income, net salary, self-employed earnings, even loss of a job opportunity for someone seeking one, over the whole period of incapacity. Social security daily allowances and salary continued by the employer are set off against this head, under the collateral payers' recovery rights, so that the victim receives from the liable party only the residual loss. For a well-covered employee, the residual loss may be small; for an underinsured self-employed worker, it is the core of the claim. Proof of prior income, payslips, accounts, tax returns, is the key issue for this head.

Example

A self-employed tradesman earning 4,000 euros net a month, off work for ten months after a 2024 accident and receiving only 1,000 euros a month in allowances, obtains 30,000 euros of past loss of earnings, on proof of his last three annual accounts.

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