What is compensation for permanent injury?
Compensation for permanent injury is paid when you have suffered an occupational illness that has caused permanent injury in the form of medical disability. This may include permanent occupational illness caused by exposure to harmful substances at work, such as allergies, asthma, eczema, memory loss, brain injury, etc. The compensation is intended to compensate for reduced quality of life that cannot be measured in money, known as non-financial loss. The degree of medical disability determines the amount of compensation, unlike any financial loss caused by the injury, and is a percentage based on the National Insurance basic amount (G). This means that if you have suffered a permanent occupational illness of significant medical severity, but are still able to work full-time, you may nevertheless be entitled to compensation for permanent injury.
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Occupational illness and compensation for permanent injury
All businesses are required by law to take out occupational injury insurance for their employees. Compensation for permanent injury as a result of permanent medical disability caused by work is covered by such insurance. In addition, NAV pays compensation for permanent injury.
If you have suffered an occupational illness and your condition has stabilised after medical treatment and rehabilitation, you may, pursuant to the regulations be entitled to compensation for permanent injury. You must see a doctor, normally a specialist, to have permanent and significant medical disability assessed. By permanent is meant an illness you must live with for at least 7–10 years, and by significant is meant a disability degree of at least 15 per cent.
How do you apply for compensation for permanent injury after an occupational illness?
There are three requirements that must be met in order to apply for compensation for permanent injury.
- The illness must be permanent,
- The illness must be significant or cause significant symptoms
- The illness must be medical in nature.
A doctor issues a specialist statement describing your degree of permanent medical disability in accordance with the disability table. Read more about the disability table here. The specialist statement sets out the basis for calculating your compensation amount.
As a general rule, you can apply to NAV for compensation at the earliest when there is a suspicion that you have developed an occupational illness and your doctor considers that it should be investigated further whether you have suffered an occupational illness. Often, the same starting point applies when contacting the insurance company, although in some cases there may be reason to wait until you have obtained a specialist assessment. In any event, you should contact us for advice on whether you should wait or report the case to the insurance company.
Read more about compensation for permanent injury on NAV’s website.
Payment and calculation of compensation for permanent injury
Much of the calculation of compensation for permanent injury is standardised. The compensation is calculated on the basis of the degree of permanent medical disability, expected remaining life expectancy and the National Insurance basic amount (G).
The insurance company normally pays compensation for permanent injury as a lump sum.
Compensation for permanent injury from NAV is a lifelong benefit paid monthly. You may nevertheless choose to have it paid as a lump sum, which will then cover the full compensation for permanent injury to which you are entitled, calculated from the payment date. If you are entitled to compensation for permanent injury from NAV for the period before the decision date, this will be paid as a lump sum.
The calculation of compensation for permanent injury is assessed according to the following table.
Approximately one third of the total compensation for permanent injury is paid by the occupational injury insurance, and the remaining two thirds are paid by NAV.
Legal assistance
Occupational illness cases, and compensation for permanent injury in particular, are governed by complex rules. Many factors affect the amount of compensation, but the most important is the specialist statement. This has the greatest impact on the compensation amount you receive. Choosing a specialist who can provide the correct statement for your injury picture is therefore crucial. We know who you should choose.
Many people are probably unnecessarily hesitant about asking for legal assistance in such cases. Reasonable and necessary expenses for legal assistance are also included in the compensation for occupational illness. If you are entitled to compensation, they will usually also cover legal assistance. Talk to us, and we will make sure you receive the compensation you are actually entitled to.
