Compensation for elbow injuries?
In some cases, an elbow injury can amount to several million kroner in compensation if you are injured in an accident at work, in traffic or in your leisure time.
What is an elbow injury?
An elbow injury is one or more injuries to the bones, cartilage, ligaments, tendons, muscles or nerves in or around the elbow. An elbow injury can lead to reduced quality of life through pain, reduced movement and reduced sensation.
An elbow injury can make it difficult to perform everyday tasks, such as working, exercising, cooking or showering. Therefore, an elbow injury can be a serious personal injury.
What types of accidents can lead to elbow injuries?
An elbow injury often occurs at work in connection with a fall, impact or blow directly to the elbow. Elbow injuries often occur in the construction, offshore, traditional manufacturing, forestry and agricultural industries.
Read more: List of occupational injuries that may entitle you to compensation
Accidents that lead to elbow injuries can be fall accident, crush accident, fracture damage, muscle injury, tendon injury, CRPS, multiple trauma, explosion damage, impact damage, etching damage, explosion damage, nerve damage, power damage, burn damage and vibration damage.
What are the most common elbow injuries?
The most common elbow injuries are:
- Injury to the biceps tendon (biceps tendinopathy)
- Inflammation of the bursa in the elbow
- Injury of the radial nerve
- Damage to the ulnar nerve
- Dislocated elbow
- Elbow fracture in the lower part of the humerus
- Elbow fracture in the capitellum humeri
- Elbow fracture - olecranon
- Elbow fracture in caput radii
- Forearm fracture
What should I do if I suffer an elbow injury?
If you have suffered an elbow injury, it is important to notify the relevant insurance companies as soon as possible. If the injury occurred at work, the injury must also be reported to NAV. In serious cases, the damage must also be reported to Labour Inspection Authority and to The police.
Am I entitled to compensation for a shoulder injury?
Yes, you can. You may be entitled to compensation.
- If the injury occurred at work, you are probably entitled to compensation for occupational injury.
- If the damage occurred in traffic, you are probably entitled to compensation from the insurance company of the vehicle that injured you.
- If the injury occurred during leisure time you are entitled to compensation under accident insurances or travel accident insurance if you had such insurance.
- If the injury occurred in a boating accident, you can claim compensation under the boat's liability insurance, under the skipper's or boat owner's liability insurance, or directly from the skipper or boat owner.
- If the injury occurred in a plane crash you are covered by mandatory accident insurance that all airlines must take out.
- 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 medical treatment, you may be entitled to compensation from Norwegian Patient Injury Compensation.
Act on occupational injury insurance, law on compensation for damages and law on car liability
are the main laws that regulate elbow injuries.
In most compensation cases, it is necessary to obtain a medical specialist certificate to determine the injured party's medical degree of disability.
What types of compensation am I entitled to?
You may be entitled to the following types of compensation:
- Trade compensation
- Incurred and future additional expenses
- Revenue loss incurred
- Future revenue loss
- Compensation for redress
- Incurred and future loss of ability to work at home
- Compensation for tax disadvantage
You may also be entitled to compensation under accident insurances, and you may be entitled to compensation under disability insurances if the injury renders you fully or partially unable to work.
How much can I receive in compensation?
The amount of compensation depends on the severity of the injury, the consequences for your ability to work and the size of the expenses you have incurred. Your age also affects the amount of compensation if you have lost the ability to work.
This will need to be assessed in more detail by a lawyer, but the compensation may amount to several million kroner.
Is there a disability table for elbow injuries?
Yes. Disability table is the starting point for the assessment of what you are entitled to in terms of compensation after an elbow injury.
The disability table is a separate regulation called «Regulations on workers' compensation for occupational injuries». This is used to determine the degree of medical disability in compensation settlements following an elbow injury.
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 to be determined by a medical specialist.
Is an elbow injury recognised as an occupational injury by NAV?
Answer. An elbow injury can be recognised as an occupational injury by NAV. If you receive a decision from NAV that you have an «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».
In addition, you may be reimbursed for the cost of medicines and medical equipment.
- 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
Do I need a lawyer?
Answer. Compensation for elbow injuries is a complicated process both medically and legally. You should therefore not take up the fight for compensation without engaging a lawyer who is an expert in tort law.
We often see that clients who consult a lawyer achieve higher compensation than those who try to handle the compensation settlement on their own.
Do I have to pay for my lawyer myself?
Well, no. Usually not. If the injury occurred at work or in traffic, it is normal for the insurance company to cover your legal expenses in the compensation case. You can also have your legal expenses covered through various organisations. legal expenses insurance.
Why should I choose Advokatfirmaet Halvorsen & Co?
Over 30 years, our clients have received billions of kroner in compensation. Our lawyers are specialised with extensive experience, and assists clients all over Norway after elbow injuries.
Advokatfirmaet Halvorsen & Co always offers a free consultation about your compensation case. Get in touch with us today.