If the injuries we have do not result in sick leave, can I still claim compensation? Or am I not entitled to it? The answer is yes. There is compensation for traffic accidents without sick leave.
The Law on Civil Liability and Insurance in the Circulation of Motor Vehicles (LRC) differentiates, among others, compensation for after-effects and compensation for temporary injuries.
Articles 93 to 133 of the LRC regulate compensation for after-effects . Those who malaysian phone numbers suffer after-effects as a result of a traffic accident have the right to compensation.
Compensation for after-effects is determined and quantified by distinguishing three types of damage: basic personal damage, particular personal damage and patrimonial damage (loss of earnings and consequential damage).
Compensation for temporary injuries : articles 134 to 143 LRC. Those who are injured in a traffic accident, during their healing process.
These are injuries suffered by the injured person from the time of the accident until the end of the healing process or until the injury is stabilized and converted into a sequel.
In this case we will focus on compensation for temporary injuries. The Law differentiates three types of damage:
Basic personal injury : compensation per day 30.08 euros (included in table 3.A of the LRC). This consists of the common moral damage suffered by any person from the time of the accident until the end of the healing process or stabilization of the injury (sequel).
Particular personal injury : once the basic personal injury has been determined, it must be individualized to adjust it to the specific circumstances of the injured party.
Temporary loss of quality of life (very severe, severe and moderate) Table 3.B of the LRC.
Surgical interventions
Patrimonial loss (consequential damage and loss of profits): these are expenses or loss of income.
How compensation is calculated
Regarding compensation for temporary injuries, a value is assigned for each day that the healing process lasts , which is what is known as basic personal injury.
Once the basic damage has been determined, it is individualized taking into account the circumstances of the injured party. And finally, the injured party has the right to be compensated for the financial damage suffered.
The law does not refer at any point to days of sick leave. The scale does not require that the injured person cannot go to work to be entitled to compensation for moderate days (moderate particular damage), but it is sufficient that the injured person is limited in carrying out part of the activities inherent to his or her occupation in order to comply with the provisions of the regulations.
«The law does not require that the injured person be unable to go to work to be entitled to compensation for moderate days of work.»
If an accident results in temporary injuries, the insurers' position is usually to consider the healing periods as a basic personal injury and compensate them with 30.08 euros per day in cases where there is no sick leave.
However, compensation can increase from 30 euros to 52 euros per day if it is estimated that there is moderate particular harm during all or part of the period of medical care.
In a traffic accident, you may suffer injuries that prevent you from carrying out basic daily tasks, but without the need to take sick leave. And for the purposes of the compensation to be received, it must be considered as a period of incapacity and compensation must be paid in the same way as if you were on sick leave.