Compensation for fracture damage

Compensation for fracture damage?

Compensation for fracture damage can in some cases amount to several million kroner.

What is a fracture injury?

A fracture injury occurs when a bone or knuckle is broken.

Are there different types of fractures?

Fracture injuries, or fractures, can be open fractures or closed fractures, and can cause severe pain and significant disability.

Signs of closed fracture injuries are misalignment; the arm or leg is angled, twisted or shortened, large swelling, severe pain and reduced function. Furthermore, there may be creaking or grinding sounds when moving, and a lack of pulse below the fracture site.

In the case of open fractures, there will be cuts or wounds in the skin at the fracture site, and bone splinters may protrude. Such injuries are usually accompanied by pain, bleeding and the risk of infection.

Another example of a fracture injury is a crush fracture, which is a fracture in which parts of the bone are pulverised to a large or small extent, for example in a vertebra.

Can a fracture injury lead to complications?

Complications can occur after a fracture injury, including major blood loss, circulatory failure, necrosis and gangrene, blood clot, nerve damage and infections. Healing can take a long time.

What are the symptoms of a fracture injury?

Symptoms of fracture injuries include pain and tenderness at the site of the injury, abnormal movement in or over the fracture site or an altered shape such as a kink or arch in the body part.

There may also be swelling around the site of the injury and/or bluish discoloured skin as a result of bleeding in the subcutaneous tissue. The function of the body part may also be impaired.

Where is it common for fractures to occur at work?

Fractures are one of the most common occupational injuries, occurring most often in industry, shipping, fisheries, agriculture, oil and offshore, construction and traffic.

Read more: List of occupational injuries that may entitle you to compensation

What do I need to do if I suffer a fracture injury at work?

In the event of an occupational accident involving a fracture, it is important to notify the relevant insurance companies as soon as possible. The injury must also be reported to NAV. In serious cases, the injury must also be reported to the Labour Inspection Authority and the police.

Am I entitled to compensation for fracture damage?

Answer. You may be entitled to compensation after a fracture injury.

• 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 damage occurred in a boat, 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 due to violence, you may be entitled to compensation from the perpetrator, their liability insurance or from Office for Victim Compensation.

Act on occupational injury insurance, law on compensation for damages  and law on car liability are the most important laws that regulate injuries after fracture injury.

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 size of the compensation depends on the severity of the injury and the consequences it has for your ability to work. The size of the expenses you have incurred is also relevant. In addition, your age has an impact on the amount of compensation if you have lost the ability to work.

The compensation must be assessed by a lawyer, but may amount to several million kroner.

Is there a disability table for fractures?

Yes. Disability table is the starting point for assessing what you are entitled to in terms of compensation after a fracture 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 fractures.

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 a fracture injury recognised as an occupational injury by NAV?

Yes. A fracture injury can be recognised as an occupational injury by NAV. If you receive a decision from NAV that you have an «approved occupational injury», you will receive benefits in the NAV system.

Among other things, you can avoid paying a co-payment for treatment by a doctor or physiotherapist by presenting the decision on «recognised occupational injury». In addition, you may be reimbursed for expenses for medicines and medical equipment

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

Do I need a lawyer?

Answer. Claiming compensation for a fracture injury is a complicated process both medically and legally. Legal counsel will therefore be required to clarify the insurance companies' liability. 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 and have extensive experience, and assist clients all over Norway following fracture injuries.

Advokatfirmaet Halvorsen & Co always offers a free consultation about your compensation case. Get in touch with us today.