Recourse claim – The damage suffered by a firm due to the absence of a member of staff who is the victim of a road accident.

A firm is allowed to claim compensation for the economic damage it suffers as a result of the absence of a member of its staff (whether an employee, a manager or a working partner) determined by a road accident in which he was a victim, whether such accident occurs while he is working or in his free time.
So, even if a member of staff is, for example, injured in an accident while on holiday due to the negligence (or, at least, the contributory negligence) of the driver of the other vehicle involved and his period of convalescence extends beyond the date he is due to return to work, causing him to be absent, his employer may bring a “recourse” action in respect of the specific damage caused to it because it is unable to benefit from the injured party’s work.
Such legal proceedings are brought against the person responsible for the accident of which the firm’s staff member was a victim and that person’s insurance company.

Those are the teachings of the Court of Cassation dating way back to 1978 (Cass. 3° decision no. 1459/’78 of the famous «Meroni case»).
The damages that can be claimed consist in:
• the salary or certain salary components paid to the staff member while absent due to injury;
• the employer’s contributions paid to social security agencies during the staff member’s absence due to injury;
• reductions of turnover in consequence of the staff member’s absence.

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