What is an occupational disease?
Occupational disease is an illness caused by your work. You may have been exposed to toxic substances, solvents, gases or smoke and developed lung diseases, COPD, lung cancer, etc. You may also have developed allergies or asthma through your work as a hairdresser, baker or construction worker. Many people who use vibrating tools develop vibration-related injuries. In some cases, this may require you to change profession, often through retraining. In other cases, you may become partially or fully disabled. It is important to know that we can help you recover compensation for your loss of income when this happens. We also assist you within the NAV system to have your occupational disease recognised, so that you do not have to handle it alone.
Not all illnesses are approved as occupational diseases.
National Insurance Act § 13-4:
“A disease specified in regulations shall be recognised as an occupational injury if:
- The disease pattern is characteristic and consistent with the relevant exposure,
- The person has been exposed to the relevant factor in time and concentration to such an extent that there is a reasonable connection between the exposure and the disease pattern,
- The symptoms have appeared within a reasonable time after exposure, and
- It is not more likely that another disease or factor caused the symptoms.”
Workplace Injury Insurance Act §§ 10 and 11:
Injuries and illnesses suffered by employees while working, at the workplace, and during working hours.
Workplace injury insurance covers:
- Injury and illness caused by a workplace accident (occupational injury),
- Injury and illness considered equivalent to occupational injury under the National Insurance Act § 13-4,
- Other injury and illness caused by exposure to harmful substances or work processes.
What is an approved occupational disease?
An approved occupational disease most often refers to a disease that has been approved as such by NAV. This approval is carried out in accordance with the National Insurance Act, Chapter 13 § 13-4 and the occupational disease list.
As a general rule, an approved occupational disease has the same meaning under both the National Insurance Act and the Workplace Injury Insurance Act. However, the employer’s insurance company is not bound by NAV’s assessment of whether the conditions are met. In many cases, the insurance company will nevertheless accept NAV’s approval.
What is the occupational disease list?
The Ministry of Social Affairs has adopted regulations specifying which diseases are to be considered equivalent to occupational injury.
The occupational disease list, often referred to as listed diseases, contains the diseases included in these regulations.
Which occupational diseases are recognised?
The occupational disease list includes, among other things:
- Diseases caused by poisoning or other chemical exposure
- Allergic and idiosyncratic skin and respiratory diseases
- Diseases caused by radiation
- Hearing loss due to noise from machinery or tools
- Lung diseases caused by exposure to fine particles
- Certain arm conditions (arthrosis, periarthrosis, epicondylitis, bursitis or tendon sheath inflammation, and Raynaud’s syndrome) caused by vibrations from tools such as pneumatic drills
There are several additional conditions listed.
As a general rule, diseases that are not included in the occupational disease list cannot be approved. For example, long-term stress leading to psychological illness is normally not covered.
How do I get an occupational disease approved?
On NAV’s website, you will find the form “Notification of occupational injury or occupational disease” which must be completed and submitted. NAV will then contact an occupational medicine department at a major hospital. A specialist in occupational medicine will normally assess your case, gather information from your employer regarding exposure type, duration and concentration, and carry out necessary examinations.
The specialist will then assess whether the conditions set out in § 13-4 are met. A report with conclusions is sent to NAV, which makes a final decision on whether your condition is approved. This process takes time and typically lasts at least 6–7 months. The employer’s insurance company will usually wait for NAV’s decision before handling the case.
Lawyer in occupational disease cases
Right to a lawyer under the National Insurance Act:
You are not entitled to have legal costs covered for assistance with NAV. However, assistance is often necessary because NAV is a complex system to deal with.
At Advokatfirmaet Unneland AS, we provide advice and guidance regarding your rights within NAV when we act as your lawyer in claims against the insurance company. We help you understand what to apply for, when to apply, and how to handle your case efficiently.
How can Unneland Law Firm assist you?
Advokatfirmaet Unneland AS has more than 30 years of experience handling compensation claims of all types, including complex occupational disease cases. We have the expertise needed to help you succeed with your claim.
