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Corona and occupational injury insurance - extended rights to compensation for occupational diseases

Published: 16. 16th April 2020
Lotte Lundby Kristiansen Managing partner

If you suffer an accident or illness in the workplace, you may be entitled to compensation from the insurance company where your employer has taken out compulsory occupational injury insurance.

In addition, you may be entitled to extended benefits from the National Insurance Scheme, such as compensation and additional expenses.

A special question concerns diseases that may be contracted in the workplace. These are often referred to as occupational diseases. The Occupational Diseases Regulations (FOR-1960-02-19-6) contain a list of diseases that are covered by occupational diseases and thus give the right to compensation. In other words, not every disease is an occupational disease.

In connection with the corona pandemic (Kovid 19, Covid 19, Corona, Korona), questions have been raised about whether, for example, healthcare professionals will be covered by occupational injury insurance if they become infected and this results in permanent or temporary injury, or in the worst case, death.  

The government has clarified a major uncertainty on this important point within occupational injury and compensation. Coronavirus infection has now been included in the regulations on occupational diseases with effect from 1 March 2020. This primarily applies to work groups that are largely exposed to the infection, such as doctors, nurses, etc. However, the government has pointed out that other people who are in environments with a particular risk of infection and disease should also be covered.

"The clarification from the government is very important. At the same time, not all questions are answered and resolved with this. Here are examples of unresolved questions:

Which occupational groups are covered by the extended scope of indemnity cover?

The question of where you contracted the infection becomes important? Did this happen at the workplace, and possibly during working hours? And what about home office?

Again, the question is whether the virus itself is the cause of late effects or death,

If you have suffered an occupational injury/illness as a result of the coronavirus, you may be entitled to compensation. This will include loss of income, basic compensation, loss of earnings at home, additional expenses and compensation for pain and suffering.

In connection with a claim against an insurance company, we recommend that the injured party is represented by an experienced and specialised lawyer as early as possible. As a general rule, legal expenses will be covered by the responsible insurance company. The injured party therefore has little to lose and much to gain by being represented by a specialised lawyer.

Contact us for a non-binding and free assessment of your claim. Together we will find the right solutions.

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