We have extensive experience with occupational injury cases, and there are a number of questions that frequently arise among our clients. We have collected frequently asked questions regarding workplace injuries below. If you cannot find the answer you are looking for, you can contact us for an assessment of your case and answers to your questions.
Do You Need to See a Doctor?
If you are injured, you must seek medical attention as soon as possible after the injury occurs. You cannot wait to see whether the symptoms disappear or not — seek medical attention immediately. You must ensure that all symptoms or complaints are recorded in your medical records. This serves as evidence of the injuries you sustained in the accident.
You should then document your symptoms regularly, preferably every 4–6 weeks until it has been clarified whether the injury will become permanent or not. This may take 2–3 years. You can do this by visiting your GP or other healthcare providers, such as a physiotherapist or chiropractor. This applies even if there are no relevant treatment measures available. It is important that you follow your doctor’s advice.
When Should You Receive Treatment?
Seek relevant treatment in consultation with your doctor if the injuries persist. Remember that the rehabilitation potential is greatest during the initial period after the injury and decreases after 1–2 years. It is therefore important to begin treatment and rehabilitation as early as possible.
Many treatment expenses are covered if you have suffered an occupational injury. Read more at Helsenorge.
Is a Lawyer Necessary After a Workplace Accident?
The insurance company is your opposing party in the compensation settlement. The company has its own lawyers and claims handlers who protect the company’s financial interests in the settlement. In addition, the company has its own doctors who assess your case. You will almost never receive a correct settlement without having a lawyer who specialises in compensation law. The insurance company does not act as your lawyer against itself.
After an accident, it is important to receive information about your rights, what should be done, and what the next steps are. In many cases, your loss of income is not fully covered by sick pay. How should the loss be calculated and the claim submitted? Which expenses can you be compensated for? What is important in relation to NAV? Most importantly, what must you remember to include in the injury report? All of these questions require professional expertise to answer, and it is crucial that you receive assistance to ensure everything is done correctly.
Legal expenses are generally covered by the insurance company.
The Injury Report – What Is Important to Remember?
The injury report is an important document in determining whether the conditions for approving the injury as an occupational injury have been met. The description should be as precise as possible so that it can easily be assessed whether the legal requirements are satisfied. It may therefore be sensible to contact us for advice regarding the completion of the injury report form. We provide free assistance with questions concerning the completion of injury reports both to NAV and the insurance company.
It may often take several years before the insurance case is resolved. By then, it may not be easy to remember what happened or who the witnesses were. It is therefore wise to write everything down immediately while everyone still remembers the incident clearly.
Who Must Report the Case to the Insurance Company?
If you have suffered an occupational injury or occupational disease, your employer is obliged to report it to NAV as soon as possible. If this is not done, you may report the injury yourself. We can assist you with this. In addition, you are personally responsible for reporting the injury to your employer’s insurance company. In the event of serious occupational injuries, the employer must notify the Norwegian Labour Inspection Authority and the police.
If a doctor suspects that you may have an occupational disease, the doctor is obliged to submit a report to NAV, but you should not assume that the doctor will necessarily do so.
How Much Does Legal Assistance Cost in an Occupational Injury Case?
As a general rule, the insurance company covers all legal expenses. In any event, the first telephone consultation with us is free of charge, and you can receive more information about costs during that conversation.
When Should You Contact a Lawyer Regarding an Occupational Injury?
After an injury resulting in medical treatment and sick leave, it is important to obtain information about your rights against the insurance company and NAV. You should therefore contact a lawyer experienced in occupational injury cases as soon as possible. We provide information about what you should do and an assessment of whether you have a valid case. It is often important to receive assistance when preparing the injury report. Our experience clearly indicates that it is better to seek advice early after an accident and clarify important issues rather than wait and see.
What Does “Loss of Licence” or Loss of Medical Certificate Mean?
If you are involved in an accident that results in injuries preventing you from meeting the medical requirements necessary to retain your medical certificate for work, you may be entitled to compensation from the insurance company through which the medical certificate insurance was obtained. You may lose your medical certificate following a workplace accident, traffic accident or other incidents. If you lose your medical certificate following an occupational injury or traffic accident, you may also be entitled to compensation related to this loss.
Can PTSD Be an Occupational Injury?
Post-traumatic stress disorder (PTSD) is a condition that may arise as a reaction to an exceptionally threatening or catastrophic event. If you are exposed to such an event in connection with your work, it may be advisable to seek professional assistance regarding your legal rights, although this should not necessarily be the primary focus immediately after the injury.
Are You Entitled to Work Assessment Allowance?
Work assessment allowance is intended to secure your income during a transitional period in which, due to illness or injury, you require employment-oriented measures, medical treatment or other follow-up from NAV in order to return to work.
You must apply to NAV yourself for work assessment allowance. You should apply at least 3 months before your sick pay period expires. One of the conditions is that your working capacity has been reduced by at least 30% due to illness or injury. The key factor is not the extent to which your health itself has deteriorated, but rather the extent to which it affects your ability to engage in income-generating work. As a general rule, you cannot receive work assessment allowance for more than four years.
Read more about work assessment allowance at NAV.
Do You Have Other Insurance Policies?
Check which insurance policies you have and notify the insurance companies in writing. This is important in relation to default interest and helps you avoid your claim becoming statute-barred. In some cases, you may have overlapping insurance policies and may therefore have claims against several companies.
Insurance Coverage – Which Insurance Policies Apply Following an Occupational Injury?
Compensation is paid under the employer’s occupational injury insurance. The employer may also have taken out so-called extended insurance coverage that provides broader protection than the mandatory occupational injury insurance. This may include coverage for injuries occurring while travelling to and from work, compensation for permanent medical disability from 1%, and generally higher compensation than the statutory minimum coverage. You may also have your own insurance policies that could be relevant, such as accident insurance or medical treatment insurance. There are deadlines for reporting the case to the insurance companies. Please feel free to contact us for a free consultation regarding insurance coverage so that you can avoid your claim becoming statute-barred.
Choice of Specialist – Who Decides?
If you have suffered a permanent injury, you will usually need to see a specialist for examination and assessment. The specialist will prepare a specialist report assessing your ability to work and determining your permanent medical disability. In addition, the specialist will assess whether there is a connection between the accident and the injuries you have sustained. The choice of specialist in your case may be decisive. The insurance company knows which specialist it wants to appoint, but you are the one who decides. Never make that decision without being represented by a lawyer experienced in compensation law. We have extensive experience in selecting specialists, so please contact us if you wish to benefit from our expertise.
Closing the Case – When Is an Occupational Compensation Case Concluded?
Two factors are often decisive. Your injury should be fully treated and stabilised. In addition, you should know whether you are able to continue working and to what extent. Once these two matters have been clarified, the case may be concluded with the insurance company.
Tax on Compensation Payments?
Only compensation paid for loss of income that you have already suffered is reported and taxed as ordinary employment income. Interest is also taxable. Future loss of income and other compensation items are tax-free at the time of payment.
Uninsured Employer – Will I Receive Compensation?
Even if your employer is uninsured, you will still receive full compensation. In such cases, the claim is handled by the Occupational Injury Insurance Association (YFF).
