The 2024 Indicative Table: Key Changes and Impact on Compensation for Bodily Injury in Belgium
Introduction
The 2024 Indicative Table, published by the Royal Union of Justices of the Peace and Police in collaboration with legal professionals, serves as an essential reference for compensation for bodily injuries in Belgium. Although not legally binding, this document is widely used by courts and insurance companies to assess the compensation amounts granted to victims of accidents and harmful events.
This new edition introduces several significant changes compared to the previous version, reflecting socio-economic developments as well as recent jurisprudence. This article outlines the main adjustments and their impact on victim compensation.
1. Increase in Daily Compensation
To account for inflation and the rising cost of living, several daily compensations have been revised upwards:
- Temporary personal incapacity:
- Hospitalization day: €39 (compared to €34 in 2020)
- 100% temporary incapacity: €32 per day (compared to €28 previously)
- Temporary household incapacity:
- Isolated person or household without children: €30 per day (compared to €20 previously)
- Per dependent child: increase of €10 (compared to €7 previously)
- Compensation for increased effort upon returning to work:
- Increased to €30 per working day (instead of €25)
2. Revision of Capitalization Rates
The capitalization rates used to determine compensation amounts for permanent incapacity have been modified:
- For compensations covering a period of less than 15 years: 0.5%
- For compensations covering a period of more than 15 years: 1% (compared to a fixed rate of 1% in the previous version)
3. Revaluation of Compensation for Permanent Incapacity
The lump-sum compensation for permanent incapacity has been significantly increased. Here are some examples:
- Victim aged 16 at the date of consolidation: €3,600 (compared to €1,200 in 2020)
- Victim aged 40: €2,520 (compared to €840 previously)
- Victim aged 60: €1,620 (compared to €540 previously)
4. Increase in Compensation for Moral Prejudice
The moral prejudice suffered by victims and their relatives has also been revised upwards:
- Quantum doloris (suffering endured): higher compensation depending on the severity of the pain
- Aesthetic prejudice: increase in compensation, taking into account current social standards
- Moral prejudice of relatives in case of death: introduction of compensation ranges based on the intensity of emotional ties, replacing the fixed amounts from the previous edition
Conclusion
The adjustments made in the 2024 Indicative Table aim to better reflect current economic and social realities, ensuring fairer and more proportional compensation for damages suffered. Although it is not legally binding, this table remains a key reference for negotiations and judicial decisions regarding compensation for bodily injuries.
However, the lack of automatic indexation of amounts is regrettable, as for many, the increase in compensation does not even cover inflation compared to previously applicable amounts. Moreover, Belgium remains a country offering relatively low compensations to victims, an aspect that raises debates and questions about the balance of the compensation system.
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