Jak správně postupovat při dopravní nehodě
Dopravní nehoda je vždy stresující situace – ať už jde o drobný „ťukanec“ na parkovišti, nebo vážnější kolizi na silnici….
Have you lost all or part of your income because of an accident that was not your fault? Compensation for loss of earnings (ztráta na výdělku) is paid by the at-fault driver’s insurer – to employees and business owners alike, during your treatment and into the future.
Free case reviewNeither sickness benefit nor wage compensation matches your normal income – and after your treatment ends, you sometimes cannot return to your job at all. Both are a loss that the at-fault driver, i.e. their insurer, must compensate.
The difference between the average earnings you had before the accident and what your employer and the state paid you in sickness benefit (nemocenská) during your sick leave (pracovní neschopnost). This difference is paid by the at-fault driver’s insurer.
If, because of the consequences of your injury, you cannot return to your job or you earn less than before, you are entitled to regular compensation – regular (monthly) compensation payments / annuity (renta). It is paid repeatedly for as long as the difference in income continues.
EmployeesEmployment contracts as well as agreements to perform work (DPP, DPČ). What matters is the income you lost because of your injury.
Business owners (self-employed)A business owner’s lost profit – even without a sick note. It is proven by tax returns and other documents.
Other situationsStudents, people about to start a new job or people out of work – they may also be entitled. I assess this individually.
The basis is your average earnings before the accident – for an employee, usually the average gross earnings for the previous calendar quarter. From this, we deduct what you actually received during your sick leave.
For the annuity after treatment ends, your earnings before the accident are compared with what you earn now; any disability pension is also taken into account.
For a business owner, the loss is harder to prove. Insurers rely primarily on tax returns for the years before the accident, but you can also document contracts you were unable to carry out because of your injury. Sick leave is not a requirement – what matters is that you were unable to run your business because of your injury.
The loss is calculated in one go as soon as your sick leave ends and all documents from your employer and the social security administration are available.
If your sick leave lasts for months or longer than a year, I claim compensation on an ongoing basis in instalments, or ask the insurer for an advance payment, so that you are not left without income.
After your treatment ends, I will assess whether you have been left with a permanent difference in income. The annuity is claimed separately and paid regularly, usually monthly.
I will help you put the documents together. Most of them will be issued on request by your employer or the social security administration.
For the annuity, in addition: the decision on your disability pension (if granted) and proof of your new earnings – employment contract and payslips after the accident.
Your claim does not necessarily end just because your fixed-term contract expired during your treatment. What matters is whether you would have continued working if the accident had not happened – for example, whether your contract would have been extended.
Unlike other claims (pain and suffering, permanent consequences, healthcare-related costs), compensation for loss of earnings is subject to income tax – because it replaces your wages. It is a good idea to factor this in from the start.
Each month’s loss becomes time-barred separately. With lengthy treatment or an annuity, you can therefore lose the older months – claim on an ongoing basis.
I will calculate your loss of earnings from the documents provided by your employer and the social security administration.
I will prepare the documents and claim from the at-fault driver’s insurer – in instalments or with an advance payment if your treatment is lengthy.
I will claim an annuity if your income is lower after treatment, and help you document everything the insurer assesses when paying it.
If the insurer makes reductions or delays, I will continue to pursue the claim – including in court proceedings, if that is in your interest.
If a court case becomes necessary, I will explain the possible costs of the proceedings to you in advance.
Yes. Sickness benefit covers only part of your income. The difference between it (and the wage compensation from your employer) and your average earnings before the accident is paid by the at-fault driver’s insurer.
Yes. Income from an agreement is also earnings you lost because of your injury. The claim needs to be supported by documents – the agreement and proof of the payments you received.
Yes. For a business owner, a sick note is not a requirement; what matters is that you were unable to carry on your business because of your injury. We will prove the loss with tax returns and other documents.
Your claim does not necessarily end, but no general promise can be made. What matters is whether you would have continued working if the accident had not happened – for example, whether your contract would have been extended. This needs to be documented, and I assess each case individually.
No. The claim can be made in instalments, and you can ask the insurer for an advance payment of compensation for loss of earnings.
The disability pension is taken into account in the annuity: the annuity covers the difference between your earnings before the accident and the sum of your new earnings and your pension. However, your entitlement to the annuity does not end because you have been granted a pension.
Yes. Unlike other claims (pain and suffering, permanent consequences, healthcare-related costs), compensation for loss of earnings is subject to income tax – because it replaces your wages. It is a good idea to factor this in from the start.
For as long as there is a difference between your earnings before and after the accident. However, insurers review annuity payments on an ongoing basis – they assess whether your state of health has changed, whether you can work at least partially and whether you are making sufficient efforts to do so. You therefore cannot automatically count on a long-term annuity; it depends on documenting both your condition and your efforts to find work.
Send me the basic information – I will assess what compensation you are entitled to and suggest the next steps.
Tell me about your situation – I will usually get back to you within 24 hours.
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