Slovak Financial Law News 2004

Claim for the Loss on Earnings

Judgement of the Supreme Court of the Slovak Republic of 10 September 2002, file No. 2 Cdo 32/02, published in the Collection of Opinions of the Supreme Court and Decisions of the Courts of the Slovak Republic No. 2/2004

The injured shall be entitled to the claim for the loss on earnings after the termination of the employment incapacity, even in such a case when he/she was not an employee and he/she did not receive any earnings and/or other income replacing earning and he/she received the unemployment allowance only at the time the damage occurred.

In such a case, the injured shall prove that he/she desired to become a gainfully-employed person after the termination of employment incapacity, and such a desire was not satisfied only due to damage to his/her health.

In determination of the amount of claim for the loss on earnings after the termination of employment incapacity, it is necessary to calculate it on the basis of the possible earnings, which the damaged might have gained if his/her health was not damaged.