Solvent injury is an illness you may develop after being exposed to toxic substances. If you have been exposed through your work at your workplace, this may be an occupational illness. You may be entitled to compensation after a solvent injury.
Sometimes you may have to leave your profession and find another job, often after retraining. In other cases, you may become fully or partially disabled. It is important to know that you can get help from us, initially to obtain information about your rights with NAV and to have your loss of income covered by your employer’s insurance company when this happens. We also help you through the NAV system, so you do not have to face it alone.
What is a solvent injury?
Solvents are chemicals which, in the worst cases, can cause what we call solvent injuries. These are injuries to the nervous system, brain, internal organs, eyes and skin. These are normally the effects of high exposure over a long period of time. Acute effects of solvents include headaches, nausea and feeling unwell, which pass when the exposure stops.
The most serious injuries caused by solvent use develop gradually and over a long period of time, often over several years. Because the injuries develop so slowly, they can be difficult to detect. It is therefore important that you react at the first sign of injury or symptoms. Among registered cases of solvent injuries, brain injuries are the most common. These are also the most serious injuries.
Good to know – the insurance company usually covers legal fees in occupational illness cases.
Am I entitled to compensation after a solvent injury?
You may be entitled to compensation after a solvent injury. You may claim compensation from the insurance company for the following:
- loss of income from the time the injury occurs and for as long as you have a loss
- expenses that are not covered by HELFO, such as medicines, treatment, doctor’s appointments, assistive devices, etc.
- compensation for permanent injury if the injury has resulted in a permanent medical disability of 15% or more
- expenses for having work carried out in the home
- expenses for work on the home itself, rebuilding or adaptation
- expenses for personal assistance
Read more: What does the insurance cover in the event of occupational illness?
Who is exposed to solvent injuries?
In some professions, people are more exposed to solvent injuries. These are occupations where people are regularly exposed to chemicals, for example when colouring or bleaching hair in hairdressing, spray-painting cars or cleaning.
Some occupations that are particularly exposed to solvent injuries:
- Painters
- Spray painters
- Hairdressers
- Cleaners
Solvent injury under Section 13-4 of the Norwegian National Insurance Act and the Occupational Injury Insurance Act
Solvent injury is often described as permanent organic damage to the brain, peripheral nerves, liver or kidneys caused by inhalation or ingestion of solvents. Examples of such substances include alcohols, esters, ethers, ketones, acetates and products containing benzene.
Whether you have suffered a solvent injury in your occupation is determined under Section 13-4 of the Norwegian National Insurance Act:
“An illness specified in the regulations shall be approved as an occupational injury if
- the clinical picture is characteristic and consistent with what the relevant exposure may cause,
- the person concerned has, in terms of duration and concentration, been exposed to the relevant influence to such an extent that there is a reasonable connection between the exposure and the clinical picture in question,
- the symptoms have appeared within a reasonable time after the exposure, and
- it is not more likely that another illness or exposure is the cause of the symptoms.”
Sections 10 and 11 of the Occupational Injury Insurance Act contain the same requirement for approving a solvent injury as the Norwegian National Insurance Act.
What is an approved occupational illness?
Approved occupational illness is most often used when NAV has approved your solvent injury as an occupational illness. The employer’s insurance company is not bound by NAV’s assessments of whether the conditions are met. In many cases, however, the insurance company will accept NAV’s approval.
How do I get a solvent injury approved as an occupational illness?
On NAV’s website, you will find the form “Notification of occupational injury or occupational illness incurred during work on Norwegian or foreign land territory”. The form must be completed and sent to NAV. NAV will then contact an occupational medicine department at one of the larger hospitals. As a rule, a specialist in occupational medicine will then examine you, obtain information from your employer about what exposure you have been subjected to, for how long and at what concentration, etc.
The occupational medicine specialist will then carry out examinations and assessments of whether the conditions in Section 13-4 of the Norwegian National Insurance Act, reproduced above, are met. A report will be prepared with a conclusion and sent to NAV for final assessment. NAV will then make a decision on whether or not you have an approved occupational illness. This type of process takes time, and it will probably take at least 6–7 months before a decision is made.
The employer’s insurance company will usually await NAV’s assessment of approved occupational illness before carrying out its own assessment and starting the processing of the occupational illness case.
Lawyer for solvent injury
You are entitled to have necessary and reasonable legal expenses covered by the employer’s insurance company. Assistance is often needed because NAV can be a cumbersome and demanding system to deal with. We can assist you in dealings with NAV. This can save you a great deal of frustration and work. In addition, finding the insurance company against which you have your claim can be a difficult and lengthy process.
How can Advokatfirmaet Unneland help you with a solvent injury?
At Advokatfirmaet Unneland AS, we have more than 30 years’ experience with compensation cases involving all types of injuries, including complex occupational illnesses. We are very well placed to help you succeed in your case against the insurance company and against NAV.
