What is a spleen injury?
Compensation for damage to the spleen? The spleen is embedded in the bloodstream and is a bean-shaped lymphatic organ the size of a kidney. In foetal life, the spleen functions as an important blood-forming organ. Damage to the spleen can lead to a greatly reduced defence against infection.
If you have a stroke, steady or clamping damage it can lead to damage to the spleen as well as other organ damage. Damage to the spleen can be a serious personal injury.
What should I do if I suffer an injury to my spleen?
If you have been injured, it is important to notify the relevant insurance companies as soon as possible. If the personal injury is sustained in connection with work, the injury must also be reported to NAV and to Labour Inspection Authority.
What kind of accidents can cause damage to the spleen?
The most common accidents involving damage to the spleen are occupational injuries, road accidents, leisure accidents and boating accidents.
Am I entitled to compensation after a road accident?
If you have suffered an injury to your spleen in connection with a traffic accident, you may be entitled to compensation from the motor liability insurance of the offending vehicle.
You may also be entitled to compensation if the accident occurred in connection with transport by rail, tram, boat or plane.
Read also: What you should know if you are injured on a train
Am I entitled to compensation for an occupational injury?
Answer. If you have suffered an injury to your spleen during work, you will be covered by your employer's occupational injury insurance.
Permanent damage to the spleen caused by a sudden and unexpected external event may also trigger compensation under, for example accident insurances and travel accident insurance.
Am I entitled to compensation if the injury occurred in the healthcare system?
If the injury occurred as a result of medical malpractice, you may be entitled to compensation for patient injury from Norwegian Patient Injury Compensation.
Am I entitled to compensation if the injury was caused by violence?
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.
Am I entitled to compensation if the injury occurred during my free time?
If the injury occurred during your leisure time, you may be entitled to compensation under accident insurance or travel accident insurance if you had such insurance.
Is there a disability table for spleen injuries?
Yes. Disability table is the starting point for assessing the injured party's degree of medical disability, and thus what you are entitled to under accident insurance following an injury to the spleen.
The Disability Table sets out the medical disability percentage for a number of diagnoses and provides the framework for the assessment of your 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.
What types of compensation am I entitled to for damage to the spleen?
As an injured person, you may be entitled to the following types of 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 damage to the spleen recognised as an occupational injury by NAV?
Answer. If the spleen injury occurred at work for your employer at the workplace, and is the result of an accident, you can apply to NAV for recognition of the injury as an occupational injury. If you receive a decision from NAV that you have a «recognised occupational injury» you will 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 also: 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 spleen 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 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 my spleen is damaged?
Answer. Spleen 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 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 organ damage in your spare time, you must pay for the lawyer yourself. If the compensation case after an organ injury goes to court, many people will have legal expenses insurance that in most cases covers part of the legal fees.
Why should I choose Advokatfirmaet Halvorsen & Co?
Halvorsen & Co is one of Norway's largest and leading law firms specialising in compensation cases.
Over 30 years, our clients have received billions of kroner in compensation. We have only lawyers with extensive experience who are experts in tort law.
We help clients all over the country and always offer a free phone call. Get in touch with us today.