CRPS and compensation

What is CRPS?

CRPS and compensation? Complex Regional Pain Syndrome (CRPS) is a chronic pain condition characterised by neuropathic pain following injury/trauma. The condition is experienced as very painful.

Another term for CRPS is reflex dystrophy.

What are the symptoms of CRPS?

CRPS normally occurs in a localised area, such as an arm, hand, calf or foot, but CRPS can also occur elsewhere on the body.

CRPS sufferers experience the symptoms as intense, burning or aching pain. The pain is normally accompanied by swelling, changes in skin colour and temperature, oedema, trophic changes and/or motor dysfunction, as well as abnormal sweating and hypersensitivity in the affected area.

Women are more likely to get CRPS than men, and those affected are most often between the ages of 40 and 60, although CRPS can occur in all age groups.

Are there different types of CRPS?

Answer. CRPS occurs in two forms:

Type 1. Due to an illness or injury that is not caused by direct damage to the nerves in the affected area.
Type 2. Due to direct nerve damage.

Read more: Compensation for nerve damage

Are there different phases of CRPS?

Answer. CRPS sufferers normally go through three stages of the disease, but not necessarily all of them. The most common is that the injured person only goes through stage 1, stage 3 is more rare.

Here are the three stages of CRPS:

Stage 1 usually lasts for one to three months and is characterised by:

Burning and aching pain, tenderness and swelling
Changes in skin temperature, skin colour and skin texture. At times the skin may be sweaty, at other times cold. Skin colour may change from white and mottled to red and blue. The skin becomes tender, thin or shiny in the affected areas.
Hair and nails grow stronger.
Joints are stiff and there are muscle cramps.

Stage 2 can last from three to six months and are characterised by:

Stronger pain, increased distribution and swelling.
More pronounced changes in skin colour and texture.
Slower hair growth and nail damage. Nails may crack, pits and spots may form on the nails.
Increased stiffness in muscles and joints in the affected arm or leg.

Stage 3. Permanent damage occurs. The symptoms and signs can be:

Pronounced pain that can now include the entire arm or leg.
Muscle wasting (atrophy) and increasing joint damage, leading to reduced mobility in the affected body part.
Permanent skin damage.

What is the cause of CRPS?

It is believed that CRPS may be caused by disturbances in the sympathetic nervous system, but this has not been established. What is known, however, is that CRPS occurs after an acute injury or trauma.

Some people develop CRPS even after minor injuries. Many of these people experience frustration because the pain is great compared to how serious the injury appeared initially.

What injuries can lead to CRPS?

Examples of traumas and injuries that can lead to CRPS are multiple trauma, fracture damage, muscle injury, tendon injury, leg injury and arm injury pus occupational injury, traffic accident, leisure accident and patient injury.

How do I find out if I have CRPS?

CRPS is diagnosed by a doctor at a pain clinic or hospital. It is important that you, as the injured party, have documented as much as possible about the accident that led to the injury/trauma in advance, so that the doctor is in a good position to make the correct diagnosis.

Documentation is also important to be able to substantiate to the insurance company and possibly NAV that you are entitled to compensation for the CRPS injury you have suffered.

Am I entitled to compensation for CRPS?

Answer. As a CRPS sufferer, you are probably entitled to compensation for personal injury.

If the damage happened in labour, you are probably entitled to compensation for occupational injury.
If the damage happened in traffic, you are probably entitled to compensation under the responsible motor vehicle's liability insurance.
If the injury occurred as a result of medical malpractice, you are probably entitled to compensation 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 damage happened in your spare time you are entitled to compensation under accident insurances or travel accident insurance if you had such insurance.

In most compensation cases under CRPS, 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 for CRPS?

As a CRPS sufferer, you may be entitled to the following types of compensation:

Employee benefits. This is compensation for you who have suffered a significant permanent medical disability. For the injury to be considered significant, the medical disability must normally be at least 15 per cent or higher.
Incurred and future additional expenses. This is compensation for expenses you have incurred as a result of the injury. This may include expenses for treatment by a physiotherapist or doctor, or medication. There may also be expenses for aids, assistance in the home or, for example, remodelling of the house.
Incurred and future loss of income. If the injury results in you no longer being able to work fully or partially, you may be entitled to compensation for loss of income not covered by NAV, including loss of pension. The loss of income is normally divided into two parts: Revenue loss incurred and future revenue loss.
Compensation for redress. This is compensation for pain and suffering from the person who has injured you.
Inflicted and future loss of ability to work at home. This is compensation for the fact that, as a CRPS sufferer, you can no longer perform normal work at home.
Compensation for tax disadvantage. This compensation is intended to compensate you for the additional wealth tax you will be liable for as a result of the compensation you receive.

Is CRPS recognised as an occupational injury by NAV?

Answer. If the CRPS injury occurred at work for the employer at the workplace, and is the result of an accident, then you can apply NAV to Recognition of the injury as an occupational injury. If you receive a decision from NAV that you have an «approved 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.

How much can I receive in compensation after a CRPS injury?

Compensation depends, among other things, on the severity of the injury and the consequences of the CRPS injury for your ability to work. If you suffer a reduction in your ability to work, the compensation can amount to several million kroner.

Do I need a lawyer after a CRPS injury?

Answer. CRPS are often complicated compensation cases both legally and medically. Therefore, it will be necessary to contact a lawyer to clarify the insurance companies' liability and the extent of this liability.

Do I have to pay for my own lawyer after a CRPS injury?

No, not as a rule. Your legal expenses in liability cases will normally be covered by the responsible insurance company.

Why should I choose Advokatfirmaet Halvorsen & Co?

Over almost 30 years, our clients have received billions of kroner in compensation. Our lawyers are experts in tort law and have assisted many clients with CRPS.

We always offer a free assessment of your compensation case. Get in touch with us today.