Compensation for back injury

What is a back injury?

Compensation for a back injury? A back injury is an injury to the back. A back injury can vary greatly in severity, ranging from transient pain to severe paralysis.

What are the most common back injuries?

The most common back injuries are spinal cord injury, paralyses, fracture damage, prolapse, skeletal injury, muscle injury and nerve damage.

Which accidents lead to back injuries?

Most back injuries are caused by occupational injury, traffic accident, boating accident, plane crash and leisure accident.

Am I entitled to compensation for a back injury?

Answer. You may be entitled to compensation for a back injury:

• If the injury occurred at work, for the employer at the workplace, during working hours - and is the result of an accident - you are probably entitled to compensation for occupational injury.
• If the damage occurred in traffic, you are probably entitled to compensation under the responsible motor vehicle's liability insurance.
• If the injury occurred as a result of medical malpractice, you are probably entitled to compensation for patient injury from Norwegian Patient Injury Compensation.
• If the injury occurred due to violence, you may be entitled to compensation from the perpetrator, their liability insurance or from Office for Victim Compensation.
• If the injury occurred during leisure time you may be entitled to compensation under accident insurances or travel accident insurance if you had such insurance.

Is there a disability table for back injuries?

Yes. Disability table is the starting point for the assessment of the injured party's medical degree of disability (VMI), and thus what you are entitled to in terms of workers' compensation after a back injury, and to determine how much you are entitled to be paid under accident insurances.

The Disability Table sets out the medical disability percentage for a number of diagnoses, and this sets the framework for the assessment of your medical disability, such as is determined by a medical expert.

The disability table is set out in a separate regulation called Regulations on workers' compensation for occupational injuries, but is also used in other injury situations, such as after road accidents and leisure accidents, boating accidents and aircraft accidents.

What types of compensation am I entitled to for a back injury?

As an injured person, you may be entitled to the following types of compensation:

• Trade compensation
• Incurred and future additional expenses
• Revenue loss incurred
• Future revenue loss
• Inflicted and future loss of ability to work at home (not for occupational injuries)
• Compensation for tax disadvantage
• Compensation for redress

If you have a claim related to accident insurance, the amount of compensation will depend on your degree of medical disability, the terms and conditions of the insurance and the amount for which insurance has been taken out.

Is a back injury recognised as an occupational injury by NAV?

Answer. If the back injury occurred at work for the employer at the workplace, and is the result of an accident, then you can apply NAV about recognising the injury as an occupational injury. If you receive a decision from NAV that you have an «recognised occupational injury» you will automatically receive benefits in the NAV system.

Among other things, you can avoid paying a deductible for treatment by a doctor or physiotherapist by presenting the decision on «approved occupational injury».

As a general rule, you can also be reimbursed for dental expenses, medicines and special medical equipment. You may also be entitled to compensation from NAV.

• Read also: How to apply for occupational injury compensation from NAV
• Read more: How NAV assesses whether you have an occupational injury
• Read also: How an occupational injury compensation case works

How much can I receive in compensation after a back injury?

For occupational injuries, traffic accidents and other so-called liability cases, the amount of compensation depends on how serious personal injury is, what consequences it has had for your ability to work and what expenses you have incurred as a result of the injury.

This will need to be assessed in more detail by a lawyer, but the compensation may amount to several million kroner.

The amount of compensation under accident insurance depends on the degree of medical disability (VMI), the insurance terms and the amount of insurance taken out.

Do I need a lawyer if I get a back injury?

Answer. Back injuries often lead to complicated compensation cases, both legally and medically. It is therefore necessary to contact a lawyer to clarify the insurance companies' liability and the financial consequences of this liability.

Do I have to pay for my own lawyer if I get a back injury?

No, in compensation cases following, for example occupational injuries and road accidents your legal expenses will normally be covered by the responsible insurance company to a reasonable and necessary extent.

I accident insurance cases after back injuries in your spare time you normally have to pay for the lawyer yourself.

If the compensation case after a back injury proceeds to legal proceedings, many people will have a legal expenses insurance which in most cases covers part of the legal fees.

Why should I choose Advokatfirmaet Halvorsen & Co?

Halvorsen & Co is one of Norway's leading law firms in this field. Over almost 30 years, our clients have received several billion kroner in compensation.

We are nationwide and only have specialised lawyers with extensive experience of compensation cases following back injuries.

With us, you always get a free call to assess your compensation case. Get in touch with us today.