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Most businesses are familiar with the obligation to take out occupational injury insurance. Fewer have a full overview of what actually needs to be done in the period after an injury has occurred. It is precisely in this phase that we see mistakes being made, and these mistakes can later have implications both for the employee's rights and for the business.
This article is based on the lecture «When disaster strikes: Employer's duties in the event of an occupational injury» given by Halvorsen & Co Law Firm during HR Day in the autumn of 2025.
What is an occupational injury?
Not all injuries that occur at work are considered an occupational injury in the legal sense. For an injury to be covered by occupational injury regulations, it must as a general rule be caused by a work accident – a sudden and unexpected external event. Furthermore, the injury must have occurred while the employee was working at the workplace during working hours, and there must be a causal link between the accident and the injury.
Occupational diseases are governed by specific regulations. Only diseases that are listed in regulations and are caused by harmful exposure at work can be approved as occupational diseases.
Ensure that insurance and internal procedures are in place
All employers are obliged to take out occupational injury insurance for their employees. The insurance must ensure employees full compensation in the event of an occupational injury or occupational disease, regardless of fault.
At the same time, it is important to check that the insurance actually covers the business as it is operated in practice, including ensuring that the tasks are not described too narrowly in the insurance policy.
The employer also has a duty to register personal injuries that occur during work, as well as illnesses believed to be connected to the work. An updated injury register not only fulfils the requirements of the Working Environment Act, but is also an important tool in the enterprise's HSE work.
The reporting obligation to NAV – the most common pitfall
One of the employer's most important duties is to report injuries and illnesses that may entitle the employee to occupational injury coverage to NAV. The employer should not decide for themselves whether the conditions for an occupational injury are met – that is NAV's task. If you are in doubt, the injury should be reported. The same applies if the employee requests it.
As a general rule, the notice of injury must be submitted within one year of the work accident. In cases of occupational disease, the time limit runs from the time the employee, or the person obliged to give notice, became aware of the connection between the disease and the work. If the deadline is exceeded, the standard of proof becomes stricter, which in practice can make it significantly more difficult to have the injury approved.
Equally as important as reporting is how the injury report is formulated. The description of the incident should be concrete, precise and objective. Small details can be decisive as to whether NAV considers that an industrial injury has occurred. We regularly see cases where a deficient or inaccurate injury report creates problems later, because the information initially submitted is given great evidentiary weight.
Remember to report and notify the insurance company
In the event of serious occupational accidents, the employer has a duty to immediately notify both the Labour Inspection Authority and the police.
In addition, we recommend that the injury is reported to the occupational injury insurance company as early as possible. If the employee is covered by staff insurance or other collective schemes, these should also be notified. This is often a simple process and can be carried out at the same time as the injury report is sent to NAV.
Good routines reduce the risk of conflicts
Our experience is that most mistakes in occupational injury cases are made in the first few days after the accident. The injury is not reported, the description is too brief, or important information is not documented. When the case is later processed by NAV or the insurance company, it can be difficult to rectify these mistakes.
The company should therefore have fixed routines for handling occupational injuries. As a minimum, the employer should:
- Register the damage internally
- Submit a claim report to NAV
- Notify the Labour Inspection Authority and the police in the event of serious accidents
- Report the claim to the relevant insurance policies
A good process from the start safeguards both the employee's rights and the business's interests.
Does the business have good enough procedures?
Law firm Halvorsen & Co assists both employers and employees with issues relating to occupational injuries, insurance settlements and employment law matters. We can also assist businesses in drawing up good procedures and internal guidelines for handling occupational injuries, ensuring the process is handled correctly from day one.
Do you have any questions about the regulations, or would you like to review the company's procedures? Please feel free to contact us.
