After a road traffic accident, how much will I be paid for each day of sick leave or rehabilitation?

Question

José Manuel Alburquerque · Accepted Answer

The statutory compensation scale (the “baremo”) does not pay per day of sick leave, but for each day that passes until the injury heals or stabilises, whether or not you are on sick leave. Each day is paid according to its severity, which in 2026 means about 39,20 euros for a basic day, 67,96 euros for a moderate day, 98,02 euros for a serious day and 130,69 euros for a very serious day. Days on which the injury prevents you from working are at least moderate. The amounts are not added together, because the amount for each level already includes the basic one. Operations, rehabilitation sessions and lost earnings are paid separately. The four levels Each day is assigned a single level: Basic. Every day from the accident until recovery or stabilisation is paid at least at this rate. Moderate. Days on which you cannot work or cannot carry out a significant part of your personal activities, such as sport, leisure, studies or social life. Serious. Days on which you lose your independence for a significant part of the basic activities of daily life, such as eating, washing or dressing, or cannot carry out most of your personal activities. Days in hospital are at this level. Very serious. Days on which you lose your independence for almost all of those basic activities. Days in intensive care are at this level. Sick leave helps to prove that you could not work, but it is not what is paid for. Any earnings you lose are paid separately, as loss of earnings (“lucro cesante”), if you prove them. An example with the 2026 amounts Three days in hospital, a further 30 days unable to work and another 30 with discomfort until discharge are paid as 3 serious days, 30 moderate days and 30 basic days. That comes to 294,06 euros for the serious days, 2.038,80 euros for the moderate days and 1.176 euros for the basic days, 3.508,86 euros in total. A day in hospital is paid at 98,02 euros, not 98,02 plus 39,20 euros. If you had an operation, an amount is also paid for each operation, which in 2026 ranges from about 522,76 to 2.091,05 euros depending on its complexity and the type of anaesthesia. Rehabilitation Days of rehabilitation count as days of injury as long as the treatment helps you to recover or improve. When there is no further improvement and rehabilitation only serves to maintain the progress made, the injuries are considered to have stabilised and those days are no longer paid as temporary injury. If an after-effect remains, that treatment may be paid for as a future expense. The cost of the sessions is paid separately, as a medical expense, without being deducted from the daily amount. For accidents occurring on or after 26 July 2025, the law expressly recognises your freedom to choose your medical centre. If you pay for the treatment yourself, the insurer must reimburse you for the documented cost that is medically justified by the injuries. Keep the invoices and reports. Continue the treatment until you are discharged, because abandoning it without good reason reduces the compensation.