Compensation for whiplash


Whiplash, also called as "cervical sprain," "cervical contusion," or "traumatic cervical syndrome," is one of the most common injuries in traffic accidents. Subjective symptoms vary widely and include headache, neck pain, restricted neck movement, asthenopia, blurred vision, tinnitus, numbness in the upper and lower limbs, stiff neck and shoulders, dizziness, nausea, and fatigue, etc. In many cases, these symptoms are prolonged. Besides, whiplash tends to lack objective evidence, and it's difficult to prove the symptoms, unfortunately. That means special consideration is necessary when applying for residual disability.

Duration of treatment for whiplash

The length of treatment depends on the severity of the symptoms. Sometimes, it heals after 1-6 months, but other times it doesn't heal even by more than one-year treatment. If the symptoms are prolonged for more than six months, the insurance company may stop paying the medical expenses. However, it is better to continue the treatment as long as you still have symptoms, even if being bothered by the termination of the insurance company's offer. However, in the case where it hardly cures even after more than six months of treatment, it's sometimes better to get a diagnosis of stabilized symptoms and apply for residual disability.

Consolation money

As same as general injuries, consolation money will be paid based on the number of days of hospital visits and hospitalization.
Keep in mind that even if treatment is prolonged, the upper limit of hospital visit being subject for consolation money is 15 months. So, consider the best timing of getting a diagnosis of stabilized symptoms so that you can get the acknowledgment of residual disability.

compensation for absence from work

Let's say you got whiplash in a traffic accident and hospitalized for 20 days and visited a hospital for a year. In this case, a total of 20 days of wages will be compensated. However, one year of a hospital visit is often not considered as one-year absence from work when it comes to compensation. In most cases, only six months are acknowledged as full days off, and the rest of 6 months are acknowledged as half days off. Or, it is considered that the first four months as full days off, the second four months as 70% days off and the third four months as 40% days off. Sometimes, how much compensation you can get for absence from work depends on how often you go to a hospital in a week. If you go to a hospital three times a week, you might get compensation for full days, but if it's once a week, you might get only 50% of the compensation. Therefore, from the viewpoint of compensation for absence from work, it is recommended to go to a hospital as often as possible, not choosing to recuperate at home.

Lost profit after recognition of residual disability

The judicial precedents of courts tend to be as shown in the table below.

The grade of Residual Disability Labor capacity loss rate Labor capacity loss time
Grade 12 (12) 14% 5-10 years
Grade 14 (10) 5% Under 5 years

It is based on the idea that whiplash does not last a lifetime but will heal in years. For example, if grade 12 (12) is granted and the period of lost work capacity is ten years, you can claim the loss of 14% of annual income for the coming ten years.