Compensation for solvent damage

Compensation for solvent damage?

A solvent injury may give rise to a claim for compensation if the injury is due to exposure to solvents at work.

What is a solvent injury?

Solvent damage can occur, for example, when solvents react with other substances. The chemical reaction can cause gas to vaporise and be inhaled. The solvents are then transported through the blood to organs and fatty tissue in the body. Solvent damage can therefore lead to organ damage, nerve damage, lung injury and brain injury.

A solvent injury can cause extensive injuries and lead to lasting occupational disease. Solvents are found in thousands of different products used both privately and at work. Examples of products with solvents are sprays, glue, varnish, paint, lynol, thinner and cleaner.

What should I do if I suffer a solvent injury at work?

It is important to notify the relevant insurance companies as soon as possible and to notify NAV. In serious cases, the damage should also be reported to Labour Inspection Authority and The police.

How can you prevent solvent damage?

The Norwegian Labour Inspection Authority has compiled a list of 11 tips on how to prevent solvent injuries in the workplace:

Familiarise yourself with solvent issues. Know what substances are solvents, how dangerous they are, how to avoid damage.
Mapping the use of solvents in the organisation and having an overview of where hazardous solvents are used.
Be sure to replace hazardous solvents with less hazardous products wherever possible.
Provide a substance catalogue and safety data sheets for the chemicals (solvents)
Check that the solvents are labelled correctly
Ensure proper handling of the chemicals
Install mechanical ventilation systems and local exhaust ventilation at workplaces and ensure maintenance.
Ensure that personal protective equipment is in use where necessary.
Provide all employees with information about solvents and the risks associated with working with solvents.
Ensure that employees are properly trained and know what precautions to take.
Check that the precautions are followed at regular intervals.

The Norwegian Labour Inspection Authority has also created a separate guide called «Mapping and assessment of exposure to chemicals» for use by employers.

Am I entitled to compensation for solvent damage?

Answer. You may be entitled to compensation for a solvent injury. If the injury occurred at work, you are probably entitled to compensation for occupational disease.

It is occupational injury insurance act and Damages Act which are the most important laws in solvent damage claims.

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

You will find a List of occupational diseases that may entitle you to compensation here.

What types of compensation am I entitled to for solvent damage?

As an injured person, you may be entitled to the following types of compensation:

You may also 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?

In the case of occupational disease, the amount of compensation depends on the severity of the injury, the consequences it has had for your ability to work and the expenses you have incurred as a result of the injury.

This must be assessed by a lawyer, but solvent injuries are often serious personal injuries, and the compensation can amount to several million kroner.

Is there a disability table for solvent injuries?

Yes. Disability table is the starting point for assessing the injured party's medical degree of disability (MDD), and thus what you are entitled to in terms of compensation after a solvent injury.

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», and is also used in the assessment of occupational diseases.

Are solvent injuries recognised as an occupational disease by NAV?

Answer. If you are injured by a solvent at work, you can have the injury recognised as an occupational disease by NAV. 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 co-payment for treatment by a doctor or physiotherapist, or have your dental, pharmaceutical and medical equipment expenses covered.

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
Read also: Damage caused by organic solvents

Do I need a lawyer?

The answer is yes. A solvent injury often leads 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, occupational diseases and traffic accidents, your legal expenses will normally be covered by the responsible insurance company.

Why should I choose Advokatfirmaet Halvorsen & Co?

Halvorsen & Co is one of Norway's leading law firms specialising in occupational diseases, and we have assisted a number of clients with compensation for solvent-related injuries.

Over almost 30 years, our clients have received billions of kroner in compensation. We are nationwide, and have only specialised lawyers with extensive experience.

With us, you always get a free consultation about your compensation case. Get in touch with us today.