Children's tort law protection is strengthened

As of 1 March 2018, the government has decided to introduce new rules on compensation for children following traffic accidents, patient injuries, occupational injuries and other accidents. The new rules will help to significantly strengthen the protection of children's right to compensation. Children who are injured after this date will be able to have a simpler everyday life as a result of a much better and predictable financial situation. However, the new rules are the result of more than 25 years of struggle to strengthen children's legal protection.

The background to the new rules

Anyone who is injured in traffic, at work or in hospital may be entitled to full compensation for their financial loss. In 1992, the Supreme Court ruled that the standardised rules on children's compensation in section 3 - 2a of the Injury Compensation Act did not guarantee children full compensation. The legislator first addressed the issue in 2011. After many years of intense struggle, led by the Norwegian Personal Injury Federation (LTN), a legislative committee was set up to assess, among other things, the rules on child compensation. The committee came up with a well-founded and concrete proposal. This was adopted by the Norwegian Parliament in the summer of 2016, but it would take the government another year and a half before the rules would come into force. The joy of the new rules is therefore overshadowed by the fact that for more than 25 years, children have consistently been undercompensated as a result of the old rules.

Compensation under the old rules (before 1 March 2018)

All injuries that occurred before 1 March 2018 will still be covered by the old rules. These rules will, in the event of 100 % permanent medical disability, provide compensation of 40 times the National Insurance basic amount (approx. NOK 3.7 million). The compensation includes:

• compensation for loss of income
• loss of ability to look after house and home (loss of home ownership)
• compensation (loss of enjoyment of life)

A large number of injuries with a limited degree of disability may result in a high level of occupational disability. These injuries will to a large extent be undercompensated.

Compensation under the new rules (from 1 March 20118)

The new rules extend the scope of the standardised child compensation rules to apply to persons who are younger than 19 years of age at the time of the injury. A specific calculation must be made of the injured party's financial loss. This includes:

• Standardised compensation until the age of 18
• Determination of compensation for loss of income from the age of 18
• Individual assessment of workers' compensation under the rules will now also separate the assessment of loss of income in the traditional sense (loss of work outside the home) from the assessment of loss of work at home.
  The main rules in the proposal for a new child compensation scheme will therefore relate to the assessment of compensation for loss of income in the traditional sense (loss of employment).

The calculation of damages will now be more similar to the general rules under section 3-1 of the Injury Compensation Act. It should be noted that, in addition to the above, there are special rules, which it would go too far to describe here. The new rules are more complicated than before, but the key point will be to ensure that children receive full compensation.

In any case, there is reason to be pleased that new rules have now come into force. Thanks in part to the tireless efforts of the Norwegian Injury Federation, children will now be guaranteed full compensation after accidents.

If you have any questions about the new rules, calculation of child compensation, etc., please contact our lawyers.

In addition, a course on the new rules will be held at our offices on 21 March 2018.

You can find the new rule in section 3 -2 a of the Injury Compensation Act here

Read more about the rules on the ministry's website.