Loss of earnings and professional damage

Under section 1295 of the Austrian General Civil Code, a claim may arise where a disadvantage was caused unlawfully and culpably or where a special liability rule applies. For personal injury, section 1325 expressly includes lost earnings. The claim concerns the economic disadvantage caused by the injury itself.

For a past period, the usual comparison is between the income that would have been earned without the event and the income actually received. This may include salary, commission, allowances or concrete self-employed income. An expected payment is not automatically certain; the comparison must rest on verifiable facts.

A professional damage claim can extend beyond sick leave. Someone may return to work but be unable to perform physically demanding tasks, work the same hours or continue a professional path. The issue is the concrete effect on earning opportunities, not an abstract diagnosis.

For employees, begin with the employment contract, payslips and records from before and after the event. Regular pay and demonstrable overtime, commission, allowances or a specific bonus may be relevant. The question is whether the component would probably have been earned without the injury.

Sick leave and actual loss of earnings are not identical. Continued pay, sickness benefits, rehabilitation benefits or other payments may compensate or reduce the economic disadvantage. All such payments must be recorded. Claiming the same loss twice leads to an incorrect calculation.

For each month or clearly defined period, the calculation should show expected income, actual income, replacement payments and the remaining difference. Deviations should be explained, for example by seasonal variation, a planned job change or a change already intended before the injury.

For self-employed people, a fall in revenue cannot simply be equated with personal loss of earnings. Revenue, profit, private drawings, fixed costs and additional substitute costs belong to different levels of analysis. An assignment may be lost without reducing personal profit by the same amount. Conversely, necessary cover may materially reduce the remaining result.

Depending on the activity, accounts, tax assessments, order lists, project calendars, bank records and earlier comparison periods may be useful. The documents should explain which assignments were not accepted, completed late or transferred because of the injury.

Business damage and personal income loss are not automatically identical. If a company is involved, it must also be clarified whether the claim concerns the individual, the company or both. Clear separation prevents the same disadvantage from being claimed twice.

A lasting limitation may reduce earning prospects even where no current monthly loss is visible. The assessment asks what work would probably have been performed without the injury and what development remains possible. Working hours, duties, progression, retraining and the possibility of finding equivalent work may all matter.

A medical reduction in earning capacity does not automatically equal a specific income loss. The same finding can have very different consequences depending on the occupation. Office work, skilled manual work and self-employment place different demands on mobility, resilience and concentration.

A prognosis therefore needs medical and professional facts. Earlier applications, qualifications, career history, job descriptions and workplace changes may provide important reference points. Speculation about a hypothetical career is not enough.

A certificate of incapacity primarily confirms the medically determined period. It does not by itself establish the amount of lost income, the tasks that could not be performed or whether equivalent work was available. Medical documentation must be connected with professional records.

Secure reports, discharge documents, rehabilitation records and medical prognoses. Add the employment contract, payslips, tax records, orders, refusals, employer emails and evidence of workplace changes. If professional retraining is involved, keep course, application and placement documents in order.

A monthly timeline makes gaps visible: injury, sick leave, treatment, attempted return, changed duties, termination or retraining. Each statement about a loss should be linked to a date, person or document.

Social insurance or private insurance payments may be relevant to the calculation and pursuit of a claim. Section 332 of the Austrian General Social Insurance Act provides for statutory transfer of claims in certain cases. It should therefore be clarified which institution paid which benefit and which part of the claim may be affected.

Contributory fault can also affect liability. Section 1304 of the Austrian General Civil Code requires consideration of whether the claimant contributed to the creation or increase of the loss. This may concern the event itself and the reasonable steps taken to limit a continuing loss.

Deductions should not be made as a flat amount. Each payment and advantage must be assessed by purpose, period and legal classification. A transparent schedule shows what has already been compensated and what disadvantage remains.

Personal injury can produce several damage positions. Treatment costs concern necessary medical and related expenses. Pain compensation addresses suffering and impairment. Loss of earnings concerns the economic disadvantage caused by the interruption or deterioration of earning capacity.

Permanent consequences may also create costs for care, aids or workplace adaptation. The topic on personal injury and recovery costs addresses medically related expenses. The topic on pain compensation and consequential loss covers non-economic impairment and further consequences.

The positions must not be counted twice. A useful schedule therefore states the type of claim, period, calculation and evidence for each amount. The claim check can help organise the questions for further review.

Section 1489 of the Austrian General Civil Code is a central starting point for many damages claims. The beginning generally depends on the claimant's knowledge of the damage and the person responsible. With continuing professional damage, questions may also arise concerning recognisability, later consequences and the need to establish future disadvantages.

A letter to the opposing insurer or an ongoing discussion does not automatically resolve limitation issues. A partial payment or acknowledgement must also be assessed by its content and timing. A limitation schedule should record the event, knowledge, demands, replies, payments and any court steps.

For an initial legal review, a short chronology, income schedule, medical records and correspondence with employers, insurers or social insurance institutions are particularly useful. The damage documents checklist supports the collection of the key records.