We have extensive experience with occupational illness, and there are many recurring questions. Therefore, we have gathered the most frequently asked questions about occupational illness here.
Can’t find the answer to your question? Contact us here and we will help you. The first consultation is always free, and the insurance company usually covers our costs if you are entitled to compensation.
Do you need to see a doctor?
If you suspect that your work is causing symptoms or health issues that are not temporary, you should consult your doctor and have it examined whether this may be related to your work. Your doctor will refer you for further assessment to determine whether you have developed an occupational illness.
Will treatment costs be covered for occupational illness?
Many treatment costs are covered if you have an occupational illness. Read more about this at Helsenorge.
How much does legal assistance cost in an occupational injury case?
As a general rule, the insurance company covers all legal costs. The first phone consultation with us is free in any case, and you can receive more information about costs then. You will also receive tips and advice on how to handle your case.
Who should report the occupational illness to the insurance company?
If you have developed an occupational illness, your employer is required to report it to NAV as soon as possible. If this is not done, you can report the occupational illness yourself. We can assist you with this. You are also responsible for reporting the occupational illness to your employer’s insurance company. In serious cases, the employer must notify the Labour Inspection Authority and the police.
If a doctor suspects that it may be an occupational illness, the doctor is required to report it to NAV, but you cannot assume that the doctor will do so.
Is it necessary to use a lawyer in an occupational illness case?
The insurance company is your opposing party in a compensation settlement following an occupational illness. The company has its own lawyers and case handlers who safeguard its financial interests in the settlement. In addition, the company has its own doctors who evaluate your case. You will almost never receive a correct settlement without having a lawyer experienced in compensation law. The company does not act as your lawyer against itself.
After an occupational illness, it is important to obtain information about your rights, what should be done and how to proceed. Often, your loss of income is not fully covered by sickness benefits. How should the loss be calculated and the claim submitted? Which expenses can you have reimbursed? What is important when dealing with NAV? Not least, what must you remember to include in the injury notification? All of these questions require expertise to answer, and it is crucial that you receive assistance so that everything is done correctly. Compensation cases involving occupational illness are often more complex than workplace accident cases because symptoms typically develop over time. It is therefore especially important that you are assisted by a lawyer experienced in compensation law.
Have more questions? Contact us for a free consultation about your case.
What does “loss of licence” or loss of a medical certificate mean?
If you suffer an occupational illness that results in you no longer meeting the health requirements and losing the medical certificate required to perform your work, you may be entitled to compensation from the insurance company where you have taken out health insurance. You may lose your medical certificate after a workplace accident, traffic accident or similar incidents. If you lose your medical certificate following an occupational injury or traffic accident, you may also be entitled to compensation in this regard.
Are you entitled to work assessment allowance (AAP)?
Work assessment allowance is intended to secure your income during a transition period when, due to illness or injury, you need work-oriented measures, medical treatment or other follow-up from NAV to return to work.
You must apply to NAV yourself for work assessment allowance. You should apply at least three months before your sick pay period expires. It is a requirement that your ability to work is reduced by at least 30% due to illness or injury. The key factor is not how much your health is affected in itself, but to what extent it affects your ability to carry out income-generating work. As a general rule, you cannot receive work assessment allowance for more than four years.
Read more about work assessment allowance on NAV’s website.
Choice of specialist – who decides?
If you have sustained permanent injuries as a result of an occupational illness, you will usually need to see a medical specialist for examination and assessment. The specialist will prepare a report assessing your ability to work and determining your degree of permanent medical disability. In addition, the specialist will assess whether there is a causal link between your illness and the exposure at the workplace. The choice of specialist in your case can be decisive. The insurance company knows which specialist to choose, but you are the one who decides. Never make this decision without being represented by a lawyer experienced in compensation law. We have extensive experience with selecting specialists – feel free to contact us if you wish to benefit from our expertise.
Conclusion – when is an occupational illness case concluded?
Two factors are often decisive. Your occupational illness should be fully treated and stabilised. This means that your symptoms are relatively stable – they are not improving, but not worsening either. In addition, you should know whether you can continue working and to what extent. When these two factors are clarified, the case can be concluded with the insurance company.
When should you contact a lawyer in connection with an occupational illness?
If you suspect that you have developed an occupational illness, it is important to obtain information about your rights vis-à-vis the insurance company and NAV. You should therefore contact a lawyer experienced in occupational illness cases as early as possible. We provide information on what you should do and assess whether you have a valid case. Our experience shows that it is better to make contact early and clarify key questions than to wait and see.
Insurance coverage – which insurances apply after an occupational illness?
Compensation is paid under your employer’s occupational injury insurance. This covers both occupational injuries and occupational illnesses. Your employer may also have taken out extended insurance coverage that provides more than the mandatory occupational injury insurance. This may include coverage for illnesses not caused by your work, for permanent medical disability from 1%, and generally higher compensation than the statutory coverage. You may also have personal insurance policies that are relevant, such as health insurance. There are deadlines for reporting claims to insurance companies. Feel free to contact us for a free consultation about insurance coverage so that you avoid your claim becoming time-barred.
Questions about occupational illness – do you have other insurance?
Check which insurance policies you have and report the matter in writing to the insurer. This is important in relation to default interest and to avoid your claim becoming time-barred. In some cases, you may have overlapping insurance policies and may have claims against multiple companies.
Tax on compensation payments?
Only compensation for loss of income that you have already suffered is reported to the tax authorities and taxed as ordinary income. Interest is also taxable. You are responsible for paying tax on these amounts yourself. Future loss of income and other compensation elements are tax-free upon payment.
Uninsured employer – am I entitled to compensation?
Even if your employer is uninsured, you will receive full compensation. The case will then be handled by the Occupational Injury Insurance Association (YFF). Such cases are often particularly demanding, and we recommend that you contact a lawyer experienced with YFF and compensation law. In such cases, it may be difficult to determine when the illness arose, and they often involve additional questions relating to occupational illness.
Contact us for a free assessment of your case
