Injured in a traffic accident while at work?
Many people are injured in traffic accidents while at work. Most commonly, professional drivers such as taxi drivers, delivery drivers or lorry drivers sustain traffic-related injuries at work, but others who use a vehicle for work are also covered. This can include home care workers travelling between assignments, employees on business trips, or inspectors from regulatory authorities. If you are hit by a vehicle during working hours, this will also be considered a traffic injury.
If you have been injured in a traffic accident while at work, you are entitled to compensation under several sets of rules. You are entitled to a settlement under the rules that are most favourable to you. In such cases, it is particularly important to obtain assistance from a solicitor with extensive experience so that you receive a settlement under the correct rules and the best possible compensation.
Different rules – occupational injury and traffic injury
In the event of a traffic accident involving personal injury while at work, two laws apply: the Motor Liability Act and the Occupational Injury Insurance Act. The rules are the same for losses incurred up until a final settlement is reached. For future losses, such as loss of income and expenses, different rules apply. Two calculations must be made, and the injured party is entitled to choose the option that is most favourable. If the injured party is also a public sector employee, a third set of rules may apply – the Main Collective Agreement. The calculations can be complex and must be based on different assumptions depending on the applicable regulations. It is therefore recommended that you seek assistance with this.
What should you remember if you are injured in a traffic accident at work?
It is important to report the injury to both insurance companies – the one responsible under the Motor Liability Act and the one responsible under the Occupational Injury Insurance Act, if these are different companies. It is also important to report the injury under any other insurance policies your employer may have, such as employee insurance schemes.
The insurance company of the vehicle responsible for the accident will handle the claim, even if it also qualifies as an occupational injury. In some cases, it may take time for the companies to determine who is liable. In the meantime, the injured party can deal with their own insurance company. The traffic injury must also be reported to NAV as an occupational injury. You can find the application form here. This is important because you are entitled to reimbursement/coverage of expenses such as treatment, medical consultations, medication and travel. If you do not apply and pay these costs yourself, the insurance company will not cover them.
We work with both occupational and traffic injuries and have extensive experience dealing with both regulatory frameworks. We have the expertise to assist you and to follow up your case with the insurance company until liability has been clarified.
When is a traffic accident also an occupational injury?
For a traffic accident to qualify as an occupational injury, it must have occurred while you were at work, at your workplace, and during working hours.
Traffic accidents on the way to and from work – is it an occupational injury?
Traffic injuries that occur on the way to or from work are not covered as occupational injuries. This is because you have not yet arrived at your workplace, you are not working, and it is often outside working hours. This means that the rules of the Occupational Injury Insurance Act do not apply, but the injury is covered under the Motor Liability Act. The injury will also not be covered under the occupational injury provisions of the National Insurance Act.
You should be aware that if you have started your working day from a home office before travelling to your workplace or your first client, you will be considered to be at work. In that case, the working day has already begun. If you have a mobile job, travel from home to your first client or delivery will not be covered. However, travel from the first client to your workplace or the next client will be covered. Travel directly from the last client back home will also not be covered. There are exceptions if, for example, the travel constitutes a significant part of the working day. This could be the case if you travel for many hours to attend a meeting or similar. In such cases, the entire journey may be covered from the time you leave home until you return.
It can be difficult to determine whether an accident also qualifies as an occupational injury in these situations. Please feel free to contact us for a free telephone consultation, and we will help clarify your situation.
