Compensation for neck injuries

Compensation for neck injuries?

You may be entitled to compensation for a neck injury if you suffer such an injury in an accident. A chronified neck injury is often a serious personal injury, and in some cases can result in several million kroner in compensation.

What is a neck injury?

A neck injury is one or more injuries to the neck. A neck injury can be, among other things fracture damage, nerve damage, soft tissue injuries and other consequential damages after an accident.

A soft tissue injury can mean that ligaments, muscles, muscle attachments, ligaments and/or tendons are sprained or torn. Injuries to joint capsules and intervertebral discs are also considered soft tissue injuries.

What are the symptoms of a neck injury?

Neck injuries can cause a number of different symptoms, including neck pain and stiffness, headaches, pain and stiffness in the shoulders, jaw pain, back pain, dizziness, visual disturbances, tinnitus and paresthesia/coldness in the arms and hands.

Where do neck injuries commonly occur?

Neck injuries often occur during work in industry, shipping, fishing, agriculture, oil and offshore, and construction. It is also common to suffer neck injuries in road accidents in collisions and crashes with motor vehicles and in boating accidents, aircraft accidents and leisure accidents. Neck injuries can also be caused by medical treatment.

What are the most common injuries after a neck injury?

A neck injury can lead to paralysis, fracture damage, muscle injury, tendon injury, spinal cord injury, nerve damage, psychological damage, head injury, tinnitus and cognitive impairment.

Is whiplash the same as a neck injury?

Whiplash is not an injury in itself, but an injury mechanism. In other words, the head is thrown sharply and unexpectedly backwards and then forwards again. In some cases, the energy released in the neck can lead to permanent damage.

Whiplash injuries often occur in road accidents involving rear-end collisions and side collisions. But whiplash can also cause serious and permanent injuries in sports accidents. In some cases, whiplash can lead to head injuries.

The neck can also be injured without a whiplash mechanism being involved, for example in head-on collisions, in connection with violence, diving accidents (compression injuries), skiing and cycling accidents and so on.

What should I do if I have a neck injury?

Neck injuries are often difficult to diagnose objectively. There are therefore strict requirements for proof that the neck injury was caused by a specific accident. You must therefore, as far as possible, document the accident if this is not done by, for example, the police.

You must also see a doctor as soon as possible after the injury to record all the symptoms you are experiencing in your medical records. Ideally, this should happen within 2 to 3 days after the accident. You must also see a doctor regularly during the first year after the injury if the symptoms persist so that you have documentation for the symptoms. You must then ensure that the symptoms are noted in your medical records at each consultation. You must do this even if you feel that the doctor has nothing to contribute in terms of treatment. You should also contact the relevant insurance companies as soon as possible after the accident.

In the event of a neck injury at work, it is also important to notify the relevant insurance companies as soon as possible. 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 neck injury?

Yes, you can. You may be entitled to compensation. It is not required that objective findings can be demonstrated, for example by MRI or X-ray examination, for the injured party to be entitled to compensation for a neck injury.

If the injury occurred at work, you are probably entitled to compensation for occupational injury.
If the injury occurred in traffic, you are probably entitled to compensation from the insurance company of the vehicle that injured you.
If the injury occurred during your leisure time, you may be entitled to compensation under accident insurance or travel accident insurance if you had such insurance.
If the damage occurred in a boat, you may be entitled to compensation under the boater's or boat owner's liability insurance, or directly from the boater or boat owner.
If your injury occurred in an aircraft accident, 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 injury occurred during medical treatment, you may be entitled to compensation from Norsk Pasientskadeerstatning.

Act on occupational injury insurance, law on compensation for damages and law on car liability are the most important laws regulating personal injuries after neck injuries.

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 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 also affects 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 neck injuries?

Yes. Disability table is the starting point for assessing what you are entitled to in terms of compensation after a neck 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 a neck injury with personal 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 neck injuries recognised as occupational injuries by NAV?

The answer is yes. A neck 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 deductible for treatment by a doctor or physiotherapist by presenting the decision on «approved occupational injury». In addition, you may be reimbursed for the cost of medicines and medical equipment.

Do I need a lawyer?

Answer. Claiming compensation for a neck injury is complicated 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 neck injuries.

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