What are your rights in the event of a workplace injury, and are you entitled to compensation? See answers to our frequently asked questions.
Am I entitled to compensation from my employer after a workplace injury?
A workplace injury claim is a matter between you as the injured party and the insurance company with which your employer has taken out workplace injury insurance. Only in very exceptional cases can the employer be held liable, and then only if the employer has acted with gross negligence. In such cases, you may be entitled to compensation for pain and suffering.
Lawyer – is a lawyer necessary after a workplace injury, and if so, when and what does it cost?
After an accident, it is important to obtain information about your rights, what should be done, and what the next steps are. Sick pay often does not fully cover loss of income. Information regarding compensation for expenses, dealings with NAV, and not least ensuring that the injury description in the injury report is accurate are all important. As a general rule, the insurance company covers all legal expenses.
Injury report – who is responsible for reporting the injury to NAV and the insurance company?
When someone has suffered a workplace injury, the employer is obliged to report the injury to NAV using the prescribed form. The injured employee is personally responsible for reporting the injury to the employer’s insurance company. In practice, the employer will usually do this in consultation with the employee. In the event of serious workplace injuries, the police and the Labour Inspection Authority must be notified. If a doctor suspects that there may be an occupational illness, the doctor is obliged to submit a report to NAV.
What falls outside workplace injury insurance?
Long-term physically demanding work resulting in, for example, back problems and chronic inflammation is therefore not considered a workplace injury and does not entitle you to compensation under the Workplace Injury Insurance Act. This applies even if, for example, back pain occurs suddenly during ordinary work while turning a patient in a hospital bed. However, if the patient makes an unexpected movement resulting in a sudden external event caused by the patient, the conditions for a workplace injury may quickly be met. A heavy lift causing, for example, a slipped disc in the back is not considered an occupational accident, as the requirement of a sudden and external event is not fulfilled. However, if the employee slipped because the floor was wet, causing the lifting strain to result in an extraordinary and unexpected strain, the conditions may nevertheless be met.
One may also imagine situations where a person is exposed to a specific time-limited external event that results in a strain or burden that is unusual compared to what is normal in that person’s work.
Injury – Travel to and from work
Injuries occurring while travelling to and from work fall outside the definition of a workplace injury. Some employers have supplementary insurance covering injuries occurring during travel to and from work. Some employees have mobile work duties. If the injury occurs while travelling from home to the first workplace, it is not considered a workplace injury. However, the Road Traffic Act applies if it is a traffic accident. Insurance coverage may be almost as good in a traffic accident as if the accident had been classified as a workplace injury. If the accident occurs between workplaces, it may be considered a workplace injury. You are not entitled to compensation under both the Workplace Injury Insurance Act and the Road Traffic Act, but under whichever insurance provides the highest compensation in the individual case.
Alphabetical overview of frequently asked questions:
Lawyer – is a lawyer necessary after a workplace injury?
The insurance company is your opposing party in the compensation settlement. The company has its own lawyers and case handlers who protect the company’s financial interests in the settlement. In addition, it has its own doctors. You will almost never receive a correct settlement without having a lawyer who specialises in compensation law. The company does not act as your lawyer against itself.
Lawyer – what does it cost?
You are entitled to have all legal expenses covered by the insurance company.
Lawyer – when should I contact a lawyer in connection with a workplace injury?
After an injury resulting in medical treatment and sick leave, it is important to obtain information about your rights towards the insurance company and NAV. We provide information about what you should do and whether or not you have a valid claim. It is often important to receive assistance in drafting the injury report. Our experience consistently shows that it is better to seek advice early after an accident and clarify important questions rather than waiting to see what happens.
Settlement – when is a workplace 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.
Insurance coverage – which insurance policies apply after a workplace injury?
Compensation is paid under the employer’s workplace injury insurance. The employer may also have taken out so-called extended coverage, which provides more extensive benefits than the mandatory workplace injury insurance. This may include coverage for injuries occurring while travelling to and from work, permanent medical disability from 1%, and generally higher compensation than the statutory coverage. You may also have your own insurance policies, such as accident and disability insurance, which may provide compensation. Feel free to contact us for a free consultation regarding insurance coverage so that you can avoid limitation issues and more.
Medical disability – what is it?
Medical disability refers to the physical and/or psychological functional impairment that a specific injury or illness is known to cause through experience. The disability is assessed objectively without regard to the injured person’s occupation, reduced earning capacity (degree of disability), leisure interests, or similar circumstances. The degree of disability is determined by a doctor in accordance with the Ministry of Social Affairs’ disability table for traffic injuries.
Compensation for permanent injury – what is it?
Compensation for permanent injury is compensation for a non-economic injury that has resulted in permanent medical disability.
Redress – compensation for pain and suffering, what is it?
If the employer has acted with gross negligence and thereby caused the accident, you may claim compensation from the employer for pain and suffering. This is compensation for physical or psychological harm intended to feel punitive in nature. For all other claims relating to a workplace injury, the matter is between you as the injured party and the employer’s insurance company.
The injury report – what is important to pay attention to?
The injury report is an important document in determining whether the conditions for approving the case as a workplace injury are met. Unfortunately, there are many workplace injuries where it is important to describe the injury precisely so that the various legal conditions can clearly be seen as fulfilled. It may therefore be wise to seek advice when completing the injury report form. We provide free assistance with questions regarding the completion of injury reports.
Tax on compensation payments?
Only compensation paid for loss of income already incurred is reported and taxed as ordinary employment income. Future loss of income and other compensation items are tax-free upon payment.
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 medical expert report assessing your ability to work and determining permanent medical disability. In addition, the specialist will assess whether there is a causal connection between the accident and the injuries you have sustained. The choice of specialist in your case may have decisive importance. The insurance company knows which specialist it wants to appoint, but ultimately the choice is yours. Never make that decision without being represented by a lawyer specialising in compensation law. Feel free to contact us for a free consultation.
Uninsured employer – will I receive compensation?
Even if the employer is uninsured, you will receive full compensation. In such cases, the matter is handled by the Occupational Injury Insurance Association (YFF).
