Compensation for head injury

Compensation for head injury?

Compensation for head injuries can, in some cases, amount to several million kroner if you are injured in an accident or by other harmful influences.

What is a head injury?

A head injury usually occurs when the head is hit by something, hits something in the environment, or when the brain is struck against the skull wall.

In the case of head injuries, it is of great importance to determine the severity of the injury as soon as possible. This can be done by classifying the injury by checking the victim's level of alertness (Glasgow Coma Scale), assessing the length of any loss of consciousness and through CT scans or observation of the patient over time.

Determining the severity of the injury is important to determine the level of urgency and the treatment regime to be implemented.

What kind of damage is caused by a head injury?

Bumps and blows can cause injuries to the soft tissues of the face and to the skull, and sometimes the brain is damaged. A head injury can also be caused by severe acceleration/deceleration, resulting in injury-inducing contact between the brain and the inside of the skull.

So-called mild traumatic brain injuries can also cause significant and permanent damage.

Head injuries are mainly divided into two types of injury:

Injuries can occur to the soft tissues of the face, the skull and the meninges.
Injuries can occur in the brain itself. Damage to the brain is usually divided into damage to neurons and glial cells and rupture of small blood vessels, and diffuse axonal damage, which is tearing or stretching of the neurons' axons.

The injury picture can also include all these injury types at the same time.

Head injuries can also be caused by crushing injuries, penetrating injuries, injuries due to lack of oxygen or changes in pressure, as well as injuries due to exposure to gases or chemicals, etc.

Where are head injuries most common?

Head injuries can be caused by traffic accidents and acts of violence, but are also often the result of accidents at work and not least sports-related activities. Many head injuries occur under the influence of alcohol and other drugs. Head injuries also occur as a result of the harmful effects of gases or chemicals, and will usually be classified as an occupational disease on a par with an occupational injury if the harmful effects occur at work.

What type of accidents can lead to head injuries?

Examples of accidents involving head injuries include road traffic accidents, rail and tram accidents, aircraft accidents, boating accidents, occupational accidents, sports injuries and recreational injuries. .

Can a head injury result in consequential damage?

Damage to blood vessels in the brain can lead to bleeding that gradually increases in size in the hours following the injury and develops into so-called haematomas. These cases are often serious head injuries that may require surgical intervention. Such haemorrhages can also lead to secondary injuries, i.e. injuries to other parts of the brain than the one that was originally injured.

Diffuse axonal injury is normally the result of an acceleration and/or deceleration movement with simultaneous rotation of the brain. Such injuries can therefore occur even if there has been no contact trauma to the head.

It is not uncommon to suffer psychological and cognitive sequelae after a brain injury.

What are the symptoms of a head injury?

Depending on where in the brain the damage is located, typical symptoms of brain damage may include dizziness, fainting, fever, nausea, vomiting, increased fatigue, cognitive problems (reduced memory, concentration and learning ability), headaches and psychological injuries, altered behaviour/social function and altered personality.

What should I do if I suffer a head injury?

If you have suffered a head 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 head 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 damage occurred on leisure time you are entitled to compensation under accident insurance or travel accident insurance if you had such insurance.
If the damage 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 damage 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 damage occurred during medical treatment, you may be entitled to compensation from Norwegian Patient Injury Compensation.

Read more: Act on occupational injury insurance
Read more: Act on compensation for damages
Read more: Act on motor vehicle liability

In most compensation cases, it is necessary to obtain a medical specialist's report to determine the injured party's degree of medical disability.

What types of compensation am I entitled to?

You may be entitled to the following types of compensation:

You may also be entitled to compensation under accident insurances, and 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. Your age also affects the amount of compensation if you have lost the ability to work. In addition, there is the size of the expenses you have incurred.

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 head injuries?

Yes. Disability table is the starting point for the assessment of what you are entitled to in terms of compensation after a head injury.
The disability table is a separate regulation called «Regulations on workers' compensation for occupational injuries». This is used when determining the the degree of medical disability in compensation settlements after a head 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.

Are head injuries recognised as occupational injuries by NAV?

Answer. A head injury can be recognised as an occupational injury by NAV if it occurs at work for an employer during working hours. If you receive a decision from NAV that you have a «recognised occupational injury», you will receive benefits in the NAV system.

«Approved occupational injury» means that you do not have to pay a deductible for treatment by a doctor or physiotherapist. In addition, you may be reimbursed for expenses for medicines and medical equipment

Do I need a lawyer?

Answer. Compensation for head injuries is a complicated process both medically and legally. That's why you shouldn't take up the fight for compensation without engaging a lawyer who is an expert in compensation 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 experienced, and assist clients all over Norway following head injuries.

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