If you have been diagnosed with an approved occupational disease, you have rights under both the National Insurance Act and the Workplace Injury Insurance Act. As a general rule, the same conditions apply under both acts for an occupational disease to be approved. You are also entitled to legal assistance in cases of occupational disease, see below.
1. Rights in the event of an approved occupational disease with NAV:
If your occupational disease has been approved by NAV, you have rights under the National Insurance Scheme through NAV/HELFO. You can read more about your rights here.
Your rights under the National Insurance Scheme in the event of an approved occupational disease:
- sickness benefits for up to 12 months after the injury
- work assessment allowance (AAP) for up to 3 years as a general rule
- disability benefits
- expenses for healthcare providers and doctors with agreements with the municipality
- travel expenses to and from healthcare providers and doctors under certain conditions
- medication
- compensation for permanent injury if the condition results in permanent medical disability of more than 15%
In cases of an approved occupational disease, the basis for calculating sickness benefits, work assessment allowance and disability benefits is more favourable than for non-occupational illness. To have treatment costs covered, the healthcare provider or doctor must have an agreement with the municipality.
Right to a lawyer in cases of approved occupational disease under the National Insurance Act:
You are not entitled to have legal costs covered for assistance in dealings with NAV. However, assistance is often necessary because NAV can be complex and demanding to deal with.
At Unneland Law Firm, we provide advice and guidance regarding your rights in NAV when we are engaged as your lawyer in your claim against the insurance company, see below. We ensure that you apply for the correct benefits at the right time, provide the necessary information, and understand how to manage your case within the NAV system. This can save you frustration and may also be financially beneficial.
If NAV rejects your application for approval of an occupational disease or other rights, you are entitled to have your legal costs covered on appeal if your claim is successful.
2. Rights in the event of an approved occupational disease under the Workplace Injury Insurance Act:
In cases of an approved occupational disease, you also have rights under the Workplace Injury Insurance Act. All employers are required to have workplace injury insurance, which gives you rights against your employer’s insurance company. This also includes the right to a lawyer. It is important to be aware that the insurance company is not bound by NAV’s approval of your occupational disease.
You may claim compensation from the insurance company for:
- loss of income from the time the injury occurs and for as long as the loss continues
- expenses not covered by HELFO, such as medication, treatment and doctor visits
- costs for assistance with household tasks
- compensation for permanent injury if the condition results in permanent medical disability of 15% or more
- expenses related to adaptations to your home
- costs for personal assistance
If your employer has taken out extended insurance coverage beyond the statutory minimum, you may be entitled to additional compensation. The scope of this extended coverage depends on the specific insurance agreement. In many cases, it includes compensation for permanent injury from 1% medical disability and/or higher compensation for future loss of income.
Right to a lawyer in cases of approved occupational disease under the Workplace Injury Insurance Act:
You are entitled to legal representation in cases of approved occupational disease. This means that the insurance company is obligated to cover necessary and reasonable legal expenses.
The insurance company has its own lawyers and medical experts to protect its interests and will not pay more than required. In practice, experience shows that to secure your rights in an occupational disease claim, you are dependent on legal assistance with specialist expertise and experience in this field.
