If you have had an occupational injury approved by NAV, you have rights under both the National Insurance Act and the Occupational Injury Insurance Act. In principle, the same conditions apply under both laws for an injury to be approved. You are also entitled to a lawyer in occupational injury cases, see below.
1. Rights following an approved occupational injury under the Occupational Injury Insurance Act:
If your injury is approved, you have rights under the Occupational Injury Insurance Act. All employers are required to take out occupational injury insurance, which gives you rights against your employer’s insurance company. You are also entitled to a lawyer. It is important to note that the insurance company is not bound by NAV’s assessment of whether an injury qualifies as an occupational injury.
This is what you can claim compensation for from the insurance company:
- loss of income from the time of injury and for as long as the loss continues
- expenses not covered by HELFO, such as medication, treatment, or doctor visits
- costs for assistance with household work
- compensation for non-economic loss if the injury results in permanent medical impairment of 15% or more
- costs related to adapting or working on your home
- expenses for personal assistance
If your employer has taken out extended insurance beyond the statutory minimum, you may have additional claims. The scope of this depends on the insurance agreement. Often this includes compensation for non-economic loss from as low as 1% permanent impairment and/or higher compensation for future loss of income.
Right to a lawyer under the Occupational Injury Insurance Act:
You are entitled to a lawyer in occupational injury cases. This means the insurance company must cover reasonable and necessary legal costs.
Insurance companies have their own lawyers and medical experts to protect their interests. They do not pay out more than necessary. Experience shows that to secure your rights, you need a lawyer with specialist expertise in occupational injury cases.
2. Rights following an approved occupational injury with NAV:
If you have been injured at work, you must apply to have the injury approved as an occupational injury. If your injury is approved, you will have rights under the National Insurance Scheme through NAV/HELFO. Read more about your rights here.
Your rights under the National Insurance Scheme:
- sickness benefits for up to 12 months
- work assessment allowance (typically up to 3 years)
- disability benefits
- doctor’s fees with contracted doctors
- treatment costs (e.g. physiotherapy) with contracted providers
- travel expenses to and from treatment under certain conditions
- medication
- compensation for non-economic loss if impairment exceeds 15%
With an approved occupational injury, benefits are calculated under more favourable rules. To have treatment covered, the provider must have an agreement with the municipality. Read more about coverage here – HelseNorge.
Right to a lawyer under the National Insurance Act:
You are not entitled to have legal costs covered for cases with NAV. However, assistance is often needed due to the complexity of the system.
At Advokatfirmaet Unneland, we provide guidance regarding your rights with NAV when we represent you in your insurance case. We help ensure that you apply correctly, on time, and with the right information.
If your application is rejected, you may have legal costs covered if you successfully appeal against NAV.
