If I cannot work because of the accident, do I get paid for the earnings I lose?

Question

José Manuel Alburquerque · Accepted Answer

Yes. What you lose by not being able to work is called loss of earnings (“lucro cesante”) and is paid separately from the compensation for the days of injury. It is calculated from your net income before the accident, less any state benefits you receive for the same reason. If you are left with after-effects that reduce what you will be able to earn in future, that loss is also paid. Anyone who looks after their own home is also paid, even though they receive no salary for it. While you recover You are paid the net income you lose from your work while the injury lasts. If you are still receiving your full salary, there is no loss to compensate. If your income varies, as it does for a self-employed person or a sales representative, the reference is your income for the same period in the year before the accident, or the average for the previous three years if that is higher. It is proved with income tax returns, invoices and accounts. Any state benefits you receive for those same days are deducted, so you are paid the difference. This item is added to what is paid for each day of injury. The days on which you cannot work count at least as moderate personal harm, which is paid at a higher rate than basic personal harm. If you look after the home Anyone who looks after their family's home full-time receives a daily amount calculated using the Spanish minimum wage (the “salario mínimo interprofesional”). In 2026 the minimum wage is 17.094 euros a year, that is, 1.221 euros a month over fourteen payments. Divided by the 365 days of the year, it comes to about 46,83 euros a day. That amount may increase if minors, people with disabilities or people over 67 live with you. If you reduced your working hours or work part-time to look after the home, you receive a third of that amount, as well as the earnings you lose from your job. If in the meantime you pay someone to do that work, you can claim that cost or this amount, but not both. The 2025 reform removed the one-month cap that applied to this amount when the injured person recovered without after-effects or with minor after-effects of up to three points. The change applies to accidents occurring on or after 26 July 2025. If you are left with after-effects If the after-effects prevent you from working or force you to earn less, the future loss of income is also paid. It is calculated using your income in the year before the accident, or the average for the previous three years if that is higher. If you were unemployed, the unemployment benefit you were receiving counts. For accidents occurring on or after 26 July 2025, an income below the minimum wage is never used. The calculation uses tables specific to the statutory compensation scale for traffic accidents (the “baremo”) and can be one of the largest items, so it is worth checking it carefully.