Injured at work - what are your employer's obligations?

Are you aware of your employer's obligations if an accident occurs in the workplace? Does your employer have procedures in place if an employee is injured at work? Here is a brief overview of the employer's obligations if an accident occurs in the workplace.

Injured at work?

Employers must have occupational injury insurance for their employees

All employers must have statutory occupational injury insurance for their employees. If the employer does not have occupational injury insurance, the employer may be liable to pay compensation for the injury suffered by the employee.

If an uninsured employee is injured at work, the employee can report the injury to the Workers' Compensation Insurance Association (YFF). YFF will then process the claim for compensation. If the employee is entitled to compensation and compensation is paid to the person concerned, YFF will claim recourse from the employer for the amount of compensation that has been paid to the employee/injured party.

Employer must report injury at work

Employers must report the injury to their insurance company and to Nav - a two-track system

Compensation for occupational injuries follows a «two-track» system: the employer's occupational injury insurance on the one hand and NAV on the other. Together, the two schemes must provide the injured party with full compensation.

The employer must report the injury to their insurance company and to NAV. The report must be sent as soon as possible.

The employer must never decide whether the injury is serious enough to be reported to the insurance company or NAV. The employer must always report the injury, regardless of whether the work-related accident results in sick leave for the employee or not.

Notification to the Labour Inspection Authority and the police

If an employee is killed or seriously injured in an accident at work, the employer must report the injury to the Labour Inspection Authority and the police. The Norwegian Labour Inspection Authority has drawn up an indicative list of which injuries are considered «serious». Link: (https://www.arbeidstilsynet.no/kontakt-oss/melde-ulykke/melding-av-ulykker-og-alvorlig-skade/)

Failure to notify the Labour Inspection Authority and the police may result in a penalty in the form of a fine or imprisonment, or both, for the employer.

Duty to register injuries in the organisation

According to the Working Environment Act, employers are obliged to register all personal injuries that occur during working hours. The duty to register applies regardless of whether the injury results in sick leave or not. Only very minor injuries such as abrasions or small tears do not require registration.

Employer's other insurance cover

If the employer has taken out other insurance for its employees, such as accident insurance or pension insurance with disability cover, the employer must ensure that the injury is reported to the relevant insurance companies.

Do you have questions about being injured at work, contact us here