Below is a selection of examples of cases where our clients have successfully pursued their claims and received compensation following an occupational injury.
Fall from scaffolding
A carpenter fell from scaffolding and sustained multiple fractures to his leg. He required long-term rehabilitation and received work assessment allowance. It became clear that he could not return to his previous job or work full time. The insurance company disagreed on the extent and consequences of the occupational injury and offered compensation for non-economic loss (group 1) of NOK 79,000.
The carpenter rejected the offer, and legal proceedings were initiated. The case was resolved through negotiations with the insurer, and he received total compensation of NOK 1,950,000.
Excavator operator – arm failure (technical fault) entering the cabin
When we took over the case more than two years after the incident, both NAV and the insurance company had rejected the claim. The employer argued that the injury was a minor incident.
From the accident to the final resolution, the case took seven years. Permanent medical impairment due to psychological injury was assessed at 20%. The case was settled for NOK 3,200,000, and all legal costs were covered.
Fall from ladder
A plumber fell from a ladder at work and fractured his back. He was unable to return to full-time work and had to reduce his workload to 50–60%. The insurance company initially claimed there was no causal link between the accident and the back problems. With our assistance, this was successfully reversed. Permanent medical impairment was set at 20%, and he was awarded more than NOK 2 million in compensation, with all legal costs covered.
Fall injury – slipped on a wet floor
A healthcare worker slipped on a wet floor while assisting a patient during bathing. She fractured her femur. Surgery was performed, but unfortunately the outcome was not optimal. She experienced significant pain and could not return to her job.
The insurance company argued that the poor healing was due to medical malpractice and referred the case to Norwegian System of Patient Injury Compensation (NPE).
We assisted the client in filing a claim with NPE, which was rejected. The insurance company therefore remained liable. She had only recently returned to work after a long period out of employment and was 61 years old when compensation was paid.
She received approximately NOK 75,500 in compensation for non-economic loss and NOK 640,000 in future income loss (basic compensation). In addition, her actual loss of income and legal fees were covered.
Crush injury
A client suffered a crush injury when his hand was pulled into rollers in a machine. The injury included fractures to the finger joints and avulsion fractures in the metacarpal bones.
The permanent injury resulted in pain and reduced strength in the hand, assessed as 1% permanent medical impairment. Compensation awarded was approximately NOK 1,500,000.
Tinnitus – disability
A client developed tinnitus resulting in 5% permanent medical impairment but became 100% disabled. The insurance company rejected the claim based on other medical factors. After negotiations, the client received approximately NOK 1,700,000. No compensation had been paid before settlement, despite the injury occurring in 2013. All legal costs were covered.
Diver – workplace accident
A diver lost his left index finger and two joints of his left middle finger in a workplace accident. Total permanent medical impairment was assessed at 13%. He received full sick pay from NAV and returned to full work within the maximum sick pay period. The insurance company rejected compensation – NOK 0. We secured compensation for non-economic loss (group 1) and risk compensation for potential future overtime loss, totalling NOK 236,000, in addition to full coverage of legal fees.
Compensation after a traffic accident – low medical impairment, reopening and settlement
The injured party sustained a knee injury in a traffic accident at work in 2000. The occupational injury was assessed at 5% medical impairment. The insurance company settled the claim in 2002 for NOK 50,000 as full and final compensation. The claimant requested reopening in 2005 but was rejected. We concluded the case in 2007 with an additional payment of NOK 2,250,000.
Occupational injury compensation – reopening
A person suffered a back injury in a workplace accident in 1998. In 2000, a settlement covered three years of income loss due to retraining. The claimant was unable to complete retraining and later requested reopening of the claim. The insurer rejected the claim. Permanent impairment was assessed at 9%. We negotiated a settlement of NOK 850,000 for future income loss.
Occupational injury – limitation period
A person injured both shoulders in a workplace accident in 1992. The injury was reported to NAV in 2006 and approved. The insurance company rejected compensation as time-barred. We filed a complaint, leading to reassessment. The full claim was accepted and resulted in a payout exceeding NOK 600,000.
Occupational/traffic injury – low level of impairment
A person was rear-ended at work in 2004. The client had treatment expenses and was unable to return to work. Despite low impairment assessments, we successfully secured compensation of NOK 955,000, corresponding to 50% disability.
Threats, violence and psychological strain
Employees in mental health services may be exposed to violence and threats. Such incidents can qualify as occupational injuries. However, long-term stress without a specific triggering event is generally not approved as an occupational injury.
Risky lifting – court of appeal judgment
A man became disabled after carrying a heavy freezer. The court held that the situation constituted an occupational injury due to the high-risk nature of the task.
Occupational injury and non-economic damages
A security guard was run over by a thief. The offender was sentenced to pay NOK 65,000 in compensation, in addition to occupational injury compensation.
Uninsured employer – court of appeal judgment
The injured party was also the company owner in a firm without mandatory insurance. Compensation was paid through the Occupational Injury Insurance Association (YFF).
Recourse
The insurer may claim recourse from an uninsured employer. In this case, the court held that the injured party was personally liable due to failure to obtain insurance.
Good to know – the insurance company usually covers legal fees in occupational injury cases.
Team-building – occupational injury?
Injuries during team-building may qualify as occupational injuries if they occur during work-related activities, within working time and context.
The Supreme Court confirmed that injuries during structured work-related activities, including team-building events, may be covered.
Final note – occupational injury compensation
Not all cases are successful, but as a general rule we estimate that using our services results in 50–100% higher compensation compared to handling the case independently.
