What is a spinal cord injury?
Compensation for spinal cord injury? A spinal cord injury is an injury to the spinal cord that affects central nerve functions.
A spinal cord injury causes a break in the «main line» between the brain and the body, so that the injury affects the body's nerve functions.
A spinal cord injury can be divided into two categories: complete spinal cord injury and incomplete spinal cord injury.
If the injury is complete, all voluntary movement and sensation below the injury area is gone.
If the injury is incomplete, both sensation and the ability to move may return to a greater or lesser extent.
Which accidents lead to spinal cord injuries?
Spinal cord injuries occur most frequently among men in the age group 18 - 35 years after fall accident, multiple trauma, occupational injury, traffic accident, violent injury, patient injury and recreational injury.
Every year, around 50 to 100 people suffer a traumatic spinal cord injury in Norway.
What is life like after a spinal cord injury?
A spinal cord injury can occur at any level of the spinal column, and the level of injury will determine which bodily functions are affected or lost
For most people, life is turned upside down after a spinal cord injury, and it is common for victims to struggle with psychological and physical challenges. It is common to have to rebuild your home or build a new home to ensure the necessary mobility for a life in a wheelchair.
Many struggle with secondary injuries such as pressure ulcers, infections, osteoporosis, muscle wasting and spasms, blood clot, diabetes and more. You may also lose control of your urinary, faecal and sexual functions.
These consequential damages most often result in a need for help, and it is therefore necessary to have a good dialogue with NAV and the municipality about rights to home help, specially adapted vehicles, assistive devices, social workers and personal assistants.
Read also: Policeman Ole broke his back on a motorbike
Am I entitled to compensation for a spinal cord injury?
Answer. You may be entitled to compensation for a spinal cord injury:
- If the injury occurred at work for your employer at the workplace and is the result of an accident, 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 spinal cord injuries?
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 spinal cord injury and also 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 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, but is also used for other injury incidents, such as after road accidents and 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
- Incurred and future loss of ability to work at home (not future loss due to occupational injuries)
- Compensation for tax disadvantage
- Compensation for redress
If you have claims related to accident insurances the amount of compensation will depend on the degree of medical disability (VMI), the insurance terms and the amount for which insurance has been taken out.
Is a spinal cord injury recognised as an occupational injury by NAV?
Answer. If the spinal cord injury occurred at work for the employer at the workplace, and is the 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 compensation can I receive after a spinal cord injury?
For occupational injuries, traffic accidents and other so-called liability cases, the amount of compensation depends on the severity of the spinal cord injury, the consequences it has had for your ability to work and the expenses you have incurred as a result of the injury. 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 I suffer a spinal cord injury?
Answer. Spinal cord 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 own lawyer if I suffer a spinal cord injury?
No, it won't. 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 a spinal cord injury in your spare time, you must pay for the lawyer yourself.
If the compensation case after a spinal cord 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 one of the country's leading law firms specialising in compensation cases following spinal cord injury.
Over almost 30 years, our clients have received billions of kroner in compensation. We are nationwide, and only have specialised lawyers with extensive experience.
With us, you always get a free call to assess your compensation case. Get in touch with us today.