Does inability to work also play a role in compensation for pain and suffering?
The topic of compensation for pain and suffering often concerns people who have been victims of an accident or bodily injury. As a rule, those affected ask themselves how much they can demand from their injured person for the pain and injuries.
However, it cannot be said in a general and uniform manner in what amount compensation for pain and suffering can be claimed. Several factors play a decisive role here. In addition to the extent and type of injury and pain, inability to work can sometimes influence the amount of the claim for the calculation of compensation for pain. In the following guide you can inform yourself about the topic. What does compensation for pain and suffering mean?
Anyone who demands compensation for pain and suffering due to pain-related inability to work is thus asserting a so-called non-material damage. A loss of assets is not replaced here, as is the case, for example, with damage to an item.
According to § 253 paragraph 2 in conjunction with § 823 of the German Civil Code (BGB), compensation for pain and suffering can be claimed if a person experiences physical suffering due to an intentional or negligent act of another.
The claim fulfils a satisfaction function on the one hand and a balancing function on the other. The injured party should experience a kind of satisfaction for what has been done to him, for example for injuries from an accident (cervic spine trauma, bruises or the like), and also compensation for the injury and restriction suffered.Injuries: Factors for determining the amount of pain and sufferingAevers’ allowance: Anyone who has been unable to work for 6 weeks may be able to assert claims for compensation.
Several factors play a decisive role in the calculation of the amount of compensation for pain. In addition to the extent of the injury, the duration of subsequent treatment, the closer circumstances of the incident and the economic circumstances of the injured person, the inability to work after the accident also plays a role in compensation for pain.
If the injured party is unable to pursue his employment for a certain period of time due to an injury or pain, this will be taken into account in the calculation of the amount of the claim. The longer the period, the more it is included in the calculations. However, the mere duration of incapacity for work cannot be considered alone. The calculation is carried out in a complex way and it is always important to consider the overall picture of the incident. Compensation for pain and suffering in the event of incapacity for work: table of court rulings
The amount to which German courts grant compensation for pain and suffering in the event of incapacity for work can be found in the following table as an example. However, it should be emphasised that the duration of the incapacity for work is not the only decisive factor for calculating the amount of the claim.Duration of incapacity for work, injuryJuly, year, Az.6 weeks incapacitated due to cervical and BWS syndrome700 EuroAG Dortmund, 2013, 427 C 757/13ca. 2 months unable to work due to punch8.000 EuroLAG Niedersachsen, 2010, 9 Sa 1914/08ca. 3 months unable to work due to debris fracture of the LWK 5 with complete laying of the spinal canal12,500 EuroSaarländisches OLG, 2005, 4 U 221/04 – 24/05ca. 5 weeks unable to work due to complaints in the area of cervical region and headache750 EuroAG Essen, 2005, 24 C 436/04
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