Compensation for cognitive damage

What is a cognitive injury?

If your brain is injured in an accident, this can lead to reduced cognitive function. A cognitive injury can affect your memory, your ability to learn new things as well as your ability to acquire and use knowledge to complete work tasks.

A cognitive injury is also often referred to as cognitive impairment or reduced cognitive function.

Where is the cognitive damage happening?

A cognitive injury can be a serious personal injury and normally occurs after a occupational injury, occupational disease, traffic accident, boating accident, leisure accident or plane crash.

What types of accidents and injuries can lead to a cognitive injury?

Fall accident, crush injury, impact damage, sports injury, power damage, explosion damage, multiple trauma, neck injury, head injury, organ damage, heart damage and poisoning are examples of the types of injuries that can cause cognitive damage.

What are the symptoms of cognitive impairment?

LTN Norwegian Injured Persons' Association´s website Brain help lists the following symptoms of cognitive damage:

• Reduced mental capacity and fatigue
• Memory difficulties
• Difficulty interpreting sensory impressions
• Attention deficit disorder
• Difficulty regulating behaviour and emotions
• Reduced tempo
• Reduced problem-solving and logical abilities
• Difficulty using language, speaking and saying the right things in the situation

Can you tell if a person has cognitive impairment?

No, not necessarily. A cognitive injury can lead to invisible disability. The injured person can look normal and have conversations that do not attract attention. Cognitive impairment can therefore be difficult to diagnose, but is serious for those affected.

Read more: Hidden head injuries can lead to increased compensation 

Am I entitled to compensation for cognitive damage?

Answer. You may be entitled to compensation for cognitive damage:

• If the injury occurred at work for the employer at the workplace and is the result of an accident or occupational disease, you are probably entitled to compensation for occupational injury.
• If the damage occurred in traffic, you are probably entitled to compensation for traffic damage 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 for recreational injury under accident insurance or travel accident insurance if you had such insurance.

Is there a disability table for cognitive impairment?

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 compensation for loss of earnings after a cognitive injury, and to determine how much you may be entitled to receive under the 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 disability. medical disability, which is determined by a medical expert.

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

What types of compensation am I entitled to?

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 the degree of medical disability, the insurance terms and the amount for which insurance has been taken out.

Is cognitive injury recognised as an occupational injury by NAV?

Answer. If happened at work for the employer at the workplace, and is a 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?

For occupational injuries, traffic accidents and other so-called liability cases, the amount of compensation depends on the severity of the injury, the consequences it has had for your ability to work and the expenses you have incurred as a result of the personal 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 insurances depends on the degree of medical disability (VMI), the insurance terms and the amount for which insurance has been taken out.

Do I need a lawyer?

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

Do I have to pay for my lawyer myself?

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

In accident insurance cases following cognitive injuries during leisure time, you must pay for the lawyer yourself.

If the compensation case after a cognitive 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 a nationwide law firm, and our lawyers are experts in tort law.

Over almost 30 years, our clients have received several billion kroner in compensation.

We always offer a free assessment of your compensation case. Fill out the contact form below, or call us directly on 64 84 00 20.