Verlies arbeidsvermogen
loss of earning capacity
Loss of income and earning capacity due to injury — one of the largest heads of damage in a damages claim.
Loss of earning capacityis the head of damage that covers the financial consequences of a reduced or lost capacity to provide for one's own maintenance through labour (Articles 6:107 / 6:108 Dutch Civil Code (BW)). In cases of serious injury, this is by far the largest item — often more than damages for pain and suffering (smartengeld) and medical costs combined.
Components:
The calculation is carried out by alabor expert (arbeidsdeskundige)in collaboration with an accountant. For ZZP'ers and entrepreneurs, the calculation is more complex — multi-year figures, industry returns and comparison with comparable companies are used. ThePersonal Injury Guideline Self-Employmentprovides standard amounts for non-wage-forming activities.
“The loss of earning capacity was calculated over 25 years until AOW age and amounted to € 380,000.”
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