Personal injury from A to Z

A

AAP/Work assessment allowance

Work assessment allowance, also known as AAP, is a benefit from NAV that is intended to provide employees with income during periods when they are without income due to illness or injury and need help to get back to work.

Basis of liability

There must be a basis for liability in order for someone to be liable for damages. One basis for liability may be that someone has acted negligently and is therefore at fault for the damage. Other grounds for liability may be independent of someone's fault. We often refer to this as strict liability. This applies, for example, in motor vehicle liability cases and occupational injury cases.

Employer responsibility

Employers' liability is the employer's responsibility for the tortious acts of its employees. This applies both in the private sector and in the public sector, such as the state, municipality or county council. Employer liability is objective and statutory in Section 2-1 of the Damages Act.

Industrial accident

An occupational accident is defined as a sudden or unexpected external event that the injured party has been exposed to while working at the workplace during working hours. A time-limited strain that is unusual in relation to normal work can also be considered to be an occupational accident.

Amputation

Amputation is the removal of a body part.

Arm injury

An arm injury is an injury to the arm that can involve muscles, tendons, ligaments or bone structure.

Scar

Scars are firm connective tissue that occurs as a result of tissue damage. The skin in a scar is weaker and less elastic than normal skin. Scars can result in a medical disability on their own or can also be combined with other injuries to create a greater medical disability.

asthma

Asthma is a chronic inflammation of the airways. Asthma can also be caused by an occupational disease, for example as a result of harmful exposure to toxins, chemicals, gases, smoke, dust or similar.

B

Children's responsibility

If children cause damage to other people or other people's property, you as a parent or the child may be held financially liable. Children's liability is governed by section 1-1 of the Damages Act and parental liability by section 1-2.

Pelvic injury

The pelvis consists of the sacrum and two hip bones. The pelvis protects muscles and tissues, urinary and genital organs, rectum and the internal pelvic organs. A pelvic injury is usually a fracture or compression injury that can also lead to damage to internal organs.

Car liability

The term "motor vehicle liability" means that all motor vehicles have a statutory strict liability with an insurance obligation. This means that anyone who has been involved in a traffic accident where a motor vehicle is involved can claim compensation for personal injury or damage to property from the responsible motor vehicle's insurance company, regardless of whether the driver of the motor vehicle can be blamed for the damage or not.

Car liability act

The Motor Vehicle Liability Act regulates, among other things, liability for damages after a motor vehicle has caused damage. Under the Motor Vehicle Liability Act, owners of all registered motor vehicles must have liability insurance. This must cover damage to persons, other vehicles, objects and buildings.

Assistance lawyer

A counsellor shall assist victims and survivors in safeguarding their interests in connection with criminal proceedings against the injured party or perpetrator. The assistance may include claims for compensation.

Soft tissue injury

A soft tissue injury is damage to muscles, tendons, ligaments or joint capsules as a result of an acute trauma or strain over time.

Fire damage

A burn occurs when the skin, mucous membranes and/or deeper tissues are exposed to radiation or intense heat, so that the skin cells are damaged or die.

Fracture damage

Fractures can be open or closed fractures, breaks or crushing injuries of bones or joints. This can cause severe pain and significant disability.

Boat accident

A boating accident is an accident in which a boat causes personal injury or death, or damage to property.
Negligence on the part of the liable party is required in order to claim compensation for losses.

C

CRPS

CRPS is the abbreviation for Complex Regional Pain Syndrome. CRPS was previously called reflex dystrophy. CRPS is usually a secondary condition following an acute injury. The condition is perceived as very painful and can result in a high degree of permanent medical disability.

E

Explosion damage

An explosion occurs within a short period of time and is caused by chemically driven reactions, usually a combustion reaction. An explosion can lead to extensive personal injury.

Compensation

Compensation is an allowance in the form of money that is intended to compensate for damage or loss incurred. As a general rule, compensation should put the injured party back in the same financial situation as if the injury had not occurred.

Terms of compensation

Compensation conditions are the conditions that must be met for you to be entitled to compensation. There must be a basis for liability, there must be a financial loss and a causal link must be established between the accident and the injury, and between the injury and the financial loss.

Etching damage

A corrosive injury occurs when corrosive substances such as lye, acid or solvents come into contact with the skin, eyes, throat or respiratory tract.

F

Actual causality

Actual causation means that a causal link is established between the harmful act or omission and the damage/loss. In other words, the damage would not have occurred if the act or omission had not occurred.

Fall accident

A fall accident is a fall on the ground, from a ladder, scaffolding or other heights. A fall can cause significant personal injury.

Financial Complaints Board

Financial Complaints Board (FinKN) is an industry body that handles disputes that arise between financial institutions, such as insurance companies, and their customers. The board aims to resolve conflicts outside the courts.

Insurance settlement

An insurance settlement is the financial settlement in an insurance case where the responsible insurance company pays compensation for an injury or loss.

Loss of dependency

When a person dies, the survivors whom the deceased actually supported may be entitled to compensation for loss of support if there is a basis for liability. See section 3-4 of the Damages Act.

Future revenue loss

Compensation for future revenue loss is intended to compensate for loss of income in the future due to loss of ability to work following a personal injury. The compensation is intended to compensate for the loss of income that the injured party would, with a high degree of probability, have had in the labour market if the accident had not occurred.

Recreational accident

A leisure accident is an accident that occurs during leisure time as opposed to at work. Injuries during leisure time are normally only covered by accident insurance unless you are entitled to compensation under motor vehicle liability or other liability insurance with the party responsible for the accident.

Full compensation

Full compensation means that the injured party must be put in the same financial situation as if the accident had not occurred. The right to full compensation follows from section 3-1 of the Damages Act. However, in the law of damages, full compensation is a legal and not a financial concept, and contains limitations in relation to what can be perceived as full financial compensation.

G

Resumption

The reopening of a compensation case means that a compensation case that has been finalised is reprocessed. The new processing may result in further payment of compensation.

Recognised occupational injury in NAV

When a industrial accident you must apply to NAV for recognition of the injury as an occupational injury. If the occupational injury is recognised as an occupational injury by NAV, you will receive benefits in the NAV system. Among other things, you may not have to pay a deductible for treatment by a doctor or physiotherapist by presenting the decision on «approved occupational injury», and you may be entitled to compensation if your permanent medical disability caused by the injury is 15 % or more.

Basic benefit

If you have extra expenses due to permanent injury, illness, disability or congenital functional impairment, you can claim reimbursement from NAV for the necessary extra expenses that healthy people do not have and that you did not have before you were injured. This is called basic benefit.

H

Brain injury/head injury

A brain injury/head injury is an injury to the brain caused by an accident or illness. In accidents, a brain injury/head injury usually occurs as a result of a blow to the head with or without a fracture of the skull and/or the brain being struck against the skull wall during acceleration or deceleration. Brain injuries can also result from oxygen deprivation and changes in pressure.

Memory problems

Reduced memory can be one of several symptoms following a brain/head injury. Memory problems can manifest themselves differently from person to person and depending on the cause of the memory problems.

Health complaint

Helseklage is a national complaints body for the health service, which handles complaints against various health authorities in Norway. Helseklage is the secretariat for the Patient Complaints Board, the Complaints Board for Treatment Abroad, the Pharmacy Complaints Board and the National Health Personnel Board. Helseklage is located in Bergen.

Hearing damage

A hearing injury is an injury that has resulted in impaired hearing or complete loss of hearing in one or both ears as a result of short-term very loud sound or prolonged exposure to noise, or as a result of pressure waves. Hearing damage can also result from blows or trauma to the head.

Infection

If you are infected by viruses, parasites, bacteria or other microbes, you may get an infection. If you are infected at work, you may be entitled to compensation from NAV and under your employer's occupational injury insurance.

Disability table

Disability table is an overview of injuries and illnesses that normally occur after occupational injuries. The table is the starting point for the assessment of the injured party's degree of permanent medical disability (PMD), and thus what you are entitled to in terms of additional compensation following a personal injury. The disability table is included in a separate regulation called «Regulations on compensation for occupational injuries», but the disability table is also used in injury cases other than occupational injuries. A separate disability table applies to patient injury cases.

Legal assistance

Most people need legal assistance in personal injury compensation cases against insurance companies. Your expenses for legal assistance/lawyer in personal injury compensation cases are generally covered by the responsible insurance company if the injury occurred at work or in traffic.

You may also have legal aid insurance in your insurance schemes that can be used when you need legal assistance.

K

Pinch damage

A crush injury can occur when a body part is crushed in an accident. A crush injury can result in damage to muscles, tissues, nerves, bones and internal organs.

Knee injury

A knee injury can cause damage to bone, cartilage, meniscus, synovial membrane, ligaments, bursae, tendons and muscles in the knee.

Cognitive damage

Reduced cognitive function can be caused by trauma to the head, illness or poisoning. Cognitive impairment is also often referred to as cognitive impairment or reduced cognitive function. Symptoms of cognitive impairment can include reduced mental capacity and fatigue, memory difficulties, difficulty interpreting sensory impressions, attention difficulties, difficulty regulating behaviour and emotions, reduced pace, reduced problem-solving and logical abilities and language problems.

Office for Victim Compensation (KFV)

The Office for Compensation to Victims of Violence is a state administrative organisation that processes applications for compensation from victims of violence. The Office for Compensation to Victims of Violence also handles cases of recourse against the offender.

L

Paralysis

If you have paralyses paralysis means that you have reduced muscle strength with full or partial loss of nerve control over a muscle or muscle group. Paralysis can be caused by injury or disease.

Loss of licence

Employees who work in shipping, offshore in the oil industry or in aviation must fulfil the requirements for good health through a valid health certificate. If you for some reason no longer fulfil the health requirements and therefore lose your health certificate, you also lose your job. «Loss of Licence» is an insurance policy that provides compensation for future loss of income as a result of the loss of the health certificate. In cases where the health certificate is lost due to an occupational injury, the Loss of Licence settlement will be coordinated with the occupational injury insurance settlement.

Solvent damage

Solvent injury is an injury to the brain, nerves, liver or kidneys due to exposure to solvents. The term is often used for chronic toxic encephalopathy caused by prolonged inhalation of organic solvents at work. Solvent injury may entitle you to compensation.

Lung injury

A lung injury is a «mechanical» injury to the lungs, such as a punctured lung as a result of a blow to the chest, or a result of illness due to harmful exposure to toxins, chemical substances, gases, smoke, dust or similar. Lung injuries/illnesses that are sustained at work, or that are caused by work, may be an occupational injury or occupational disease that gives rise to a claim for compensation.

M

Trade compensation

Trade compensation is compensation for loss of enjoyment of life and is intended to compensate you for the fact that you can no longer live a normal life as you did before the injury. This distinguishes compensation for pain and suffering (and redress) from other types of compensation, which are intended to compensate for a specific financial loss.

Additional compensation is calculated on the basis of the degree of permanent medical disability (PMD) according to the disability table and the injured party's statistical number of remaining years of life. Additional compensation is paid for vmi of 15% or more.

Multiple trauma

Multiple trauma is often used as a term for injuries following serious accidents in which the injured party has injuries to several organs and/or body parts. Multiple trauma can be complicated to treat and can be life-threatening. Multiple trauma most often occurs in road traffic accidents (approx. 50%), but also in work accidents and leisure accidents.

N

Neck injury

A neck injury can be a fracture injury, a nerve tissue injury, a soft tissue injury or a combination of these.

NAV

NAV is the national labour and welfare agency. NAV has many different tasks and pays out sickness benefits, work assessment allowance, unemployment benefit, disability pension and retirement pension. NAV also pays out workers' compensation after occupational injuries.

Nerve damage

A nerve damage can cause acute or transient pain. Neuropathic pain is caused by damage to the brain or peripheral nervous system. Nociceptive pain is caused by damage to tissue, such as joints, muscles and skin, and can be caused by heat, blows, cuts, inflammation or other pain-inducing stimuli.

Neuropsychologist

A neuropsychologist is a psychologist specialising in neuropsychology. Neuropsychology is concerned with the relationship between behaviour and structures/functions in the brain. In personal injury compensation cases, a neuropsychological assessment can help clarify whether there is a causal link between an accident and the cognitive problems you suffer from after the accident.

NPE/Norwegian Patient Injury Compensation

Norwegian Patient Injury Compensation (NPE) is a government agency that handles claims for compensation from patients who have suffered injuries as a result of treatment failures in the health service. NPE is subordinate to the Ministry of Health and Care Services.

Kidney damage

If you suffer impact injuries, shock injuries or crushing injuries, this can lead to kidney damage. Kidney damage can also be caused by, for example, harmful exposure to solvents. If the accident or harmful exposure occurred at work, it is an occupational injury/occupational disease.

O

Objective responsibility

Strict liability is a legal concept that means that someone is liable for damages regardless of fault. Examples of strict liability can be found in Section 4 of the Motor Vehicle Liability Act, which states that the car's insurance company is liable for damage caused by the car «even if no-one is to blame for the damage», i.e. even if the driver has not made any liability-related errors.

Compensation for redress

Compensation for redress is compensation for the offence suffered, i.e. compensation for loss of quality of life or «pain and suffering». Like compensation for pain and suffering, redress compensation is compensation for non-economic loss. This is in contrast to all other types of compensation, which are intended to compensate for a specific financial loss. To receive redress compensation, the tortfeasor must have acted with gross negligence.

Organ damage

If you suffer blows, knocks or crushing injuries, this can lead to organ damage. Organ damage is a collective term for damage to various organs, such as the heart, kidneys, liver, spleen, etc. Organ damage can also be caused by the harmful effects of solvents or chemical substances. If the injury or harmful exposure occurred at work, this may be an occupational injury or an occupational disease that entitles you to occupational injury compensation.

P

Patient injury

You may be entitled to compensation for patient injury if you have suffered a failure in the healthcare you have received. A failure may arise as a result of the treatment not being carried out in line with good medical practice. You may also be entitled to compensation if you suffer an injury as a result of delayed or missing diagnosis or treatment.

You may also be entitled to compensation, regardless of whether there has been a failure in the health service, for injury caused by a vaccine, or if the injury or treatment is very rare in relation to what could be expected from the treatment.

Patient Injury Act

The Patient Injury Act of 15 June 2001 No. 53 regulates what constitutes a patient injury, who is liable and how claims should be handled by the Norwegian Patient Injury Compensation Board (NPE), the Patient Injury Board (PSN) and the courts.

Not travelling

You can have your travel expenses reimbursed in connection with travelling to and from treatment covered by the public sector. This is organised through Not travelling.

Personal injury

A personal injury is a physical or mental injury to a person. If the injury is of a certain severity and/or you suffer a financial loss as a result of the injury, there will usually be a basis for a claim for compensation provided that there is a basis for liability or that you are covered by a relevant insurance scheme.

Prolapse

Prolapse occurs when one or more discs between the vertebrae in the spinal column are damaged so that the material in the disc nucleus is squeezed out. This results in a bulge on the outside of the disc called a prolapse. A prolapse can press on nerves and cause severe pain. Prolapse is normally caused by wear and tear over several years, but can also occur as a result of acute trauma such as blows, falls or incorrect loading.

Psychological damage

It is not uncommon for people to suffer psychological injuries in or as a result of a trauma. It can occur psychological injuries as a result of a head injury or, for example, as a reaction to a serious injury or accident. Psychological injuries give the same right to compensation as physical injuries.

Psychologist

Psychologist is the professional title for a person with a degree in psychology. It is not uncommon for injured parties to be treated by a psychologist after accidents involving personal injury in order to deal with psychological injuries or trauma.

PTSD

PTSD is a mental condition that can affect people who have been involved in or witnessed highly traumatic events. PTSD is an abbreviation for post-traumatic stress disorder, or post-traumatic stress disorder as it is called in Norwegian. Sometimes the term post-traumatic stress syndrome is also used.

Incurred and future additional expenses

If you are injured in an accident, you may be entitled to compensation for incurred and future additional expenses caused by the injury. This presupposes that you were covered by liability insurance, such as occupational injury insurance or motor vehicle insurance, when you were injured. The same applies if you have suffered an illness that is covered by liability insurance.

Inflicted and future loss of ability to work at home

As an injured person, you may be entitled to compensation for inflicted and future reduced or lost ability to perform work tasks in the home if you were covered by liability insurance, such as motor vehicle insurance, when you were injured or ill. In the case of occupational injuries, you are only entitled to coverage of the loss incurred. Future loss of ability to work at home is considered to be covered by the basic compensation (future loss of income).

Revenue loss incurred

If you are injured or become ill in a situation where you are covered by liability insurance, such as occupational injury insurance or motor vehicle insurance, you may be entitled to compensation for the loss of income you have suffered as a result of the injury/illness. Compensation for Loss of income incurred is intended to compensate you for the loss of income you suffered from the time the damage occurred until the final settlement of the claim, including compensation for the income tax you have to pay when you are compensated for your loss of income.

R

Legal expenses insurance

A legal expenses insurance Legal expenses insurance generally applies from the time a dispute arises in a case or, in some cases, from the time a summons is issued against the insurance company. Legal expenses insurance is usually included in home insurance policies, for example, and can be used in compensation cases following traffic accidents.

Back injury

A back injury is an injury to the back. Back injuries can vary in severity, ranging from transient pain to severe paralysis. If the injury is serious enough, you may be entitled to compensation provided that the other conditions for compensation are met.

Back fracture

A spinal fracture is a break in the spinal column that can result in permanent injury and a claim for compensation if the other conditions for compensation are met.

Spinal cord injury

A spinal cord injury is an injury to the spinal cord. Such an injury can affect central nerve functions. A distinction is made between complete and incomplete spinal cord injuries. A complete spinal cord injury means that all voluntary movement and sensation below the injury site is gone. In the case of an incomplete injury, sensation and the ability to move may return to a greater or lesser extent.

S

Declaration of specialisation

A specialist declaration is a written injury assessment carried out by a specialist with special expertise in a medical field. The medical specialist carries out an examination of the injured party and assesses all relevant medical documentation. The medical specialist's report is an essential basis for the assessment of causality and compensation claims in personal injury compensation cases.

Damage capacity

In order to establish a causal link between an accident and the injuries sustained, the injured party must be able to substantiate that the accident was sufficiently damaging. This means that the forces to which the injured party was exposed in the accident were powerful enough to cause the injury in question.

Injured party

An injured party is a person who has suffered an injury.

Claimant

A tortfeasor is a person who has caused an injury. The tortfeasor is also used to refer to the insurance company against which a claim for compensation can be made after an incident. .

Tax disadvantage

Tax disadvantage is compensation for tax on interest income and the extra wealth tax you have to pay because you have been paid compensation for future losses. Compensation for tax disadvantage is one of several types of compensation you may be entitled to after suffering a personal injury.

Power damage

A power damage is an injury caused by an electric current passing through the body. An electrical injury may give rise to a claim for compensation provided that the other conditions for compensation are met.

Impact damage

A impact damage occurs when muscles, tendons, cartilage or ligaments are squeezed against the body's bones. Impact injuries often lead to tissue cells being crushed and blood vessels being damaged or ruptured. In the case of severe impact injuries, bones and internal organs can also be damaged.

Sickness benefit/sick pay

Sickness benefit replaces earned income when you are unable to work due to illness or injury. Sickness benefit is paid partly by the employer and partly by NAV.

T

Customisation of your home

If, due to illness, injury or disability, you have suffered a permanent and significant disability, you can receive benefits from NAV and the Norwegian State Housing Bank to adapt your home.

Tinnitus/ tinnitus

Tinnitus/ tinnitus is a symptom that the co-operation between the ear and central functions in the brain is not working properly. Tinnitus/ tinnitus lasting more than six months is most often caused by noise damage or other conditions that have led to hearing loss. Tinnitus/ear tinnitus can be caused by a single loud noise exposure or by noise exposure over a longer period of time. The symptoms can lead to reduced sleep quality, and in some cases the lack of sleep leads to depression.

TFF/Traffic Insurance Association

Traffic Insurance Association secures compensation after motor vehicle accidents in cases where the tortfeasor is unknown, foreign or uninsured. The association is a cooperative organisation for Norwegian car insurance companies, and all insurance companies that offer motor vehicle insurance in Norway are required by law to be members.

Social security law

Many people need assistance from NAV, for example if they suffer an accident or illness. The legal conditions related to benefits from NAV are called social security.

U

Disability benefit

You may be entitled to disability benefit from NAV if you have a permanently reduced earning capacity due to illness or injury.

Accident insurance

Accident insurance is an insurance cover that you have purchased from an insurance company, or that you are covered under through your employer, trade union, sports club or in some other way. Accident insurance policies can have different levels of cover and insurance amounts. In order to receive compensation under an accident insurance policy, you must have suffered an accident, i.e. a sudden external event that has resulted in permanent medical disability. The size of the insurance payment depends on the type of accident insurance you have taken out and how much damage you have sustained.

Measurement

Assessment is the calculation of the amount of compensation in a compensation case.

V

Personal watercraft accident

A jet ski accident is an accident in which a personal watercraft is involved. The owner of a jet ski should take out liability insurance with cover for damage you may cause to other objects or people.

Permanent medical disability (PMD)

Permanent medical disability is the physical or mental disability resulting from an injury or illness. Permanent medical disability is quantified as a percentage based on the table in the Workers' Compensation Regulations of the degree of disability associated with a number of diagnoses. The extent of the medical disability is determined by a doctor with specialist expertise.

In order to be entitled to workers' compensation following a traffic accident or an occupational injury/illness, there must be an injury-related permanent medical disability of at least 15 per cent. The injury is then defined as significant. The choice of medical specialists is very important and can be decisive for the outcome of a personal injury compensation case. It is therefore important to seek assistance from a lawyer who has experience of personal injury compensation cases.

Guardianship

Guardianship is a voluntary assistance measure for people who, due to injury, illness or disability, cannot look after their own interests. In the case of compulsory guardianship, you are deprived of your legal capacity to act.

Violence victim compensation

Violence victim compensation is a state scheme under which anyone who has been the victim of a criminal offence can receive compensation for personal injury if the conditions for such compensation are met.

The scheme is administered by the Office for Violence Victim Compensation.

W

Whiplash

Whiplash is an injury mechanism that is also known as whiplash or whiplash. The injury mechanism involves an acceleration/deceleration of the head where the head experiences a faster change in speed than the rest of the body. This results in an overstretching of the neck when the head is thrown backwards followed by a forward bending of the head. Whiplash can lead to permanent injuries that are often referred to as whiplash injuries.

Y

Occupational injury

Occupational injury is an injury that occurs while working for an employer in the workplace and is caused by a sudden external event.

Occupational injury compensation

Occupational injury compensation is the compensation you are entitled to if you suffer an occupational injury. You are also entitled to occupational injury compensation if you fall ill as a result of your work and the illness is a so-called «listed disease».

YFF/ Occupational Injury Insurance Association

Occupational Injury Insurance Association (YFF) is intended to ensure that you receive compensation following an occupational injury or occupational disease in cases where your employer has not taken out compulsory occupational injury insurance. All insurance companies that offer occupational injury insurance must be members of YFF.

Occupational Injury Insurance Act

Act on occupational injury insurance regulates rights and obligations related to occupational injuries and occupational diseases. See Act of 16 June 1989 no. 65.

Occupational disease

A occupational disease is an illness that is caused by harmful effects at work over a period of time and which, according to the Regulations on occupational diseases, climatic diseases and epidemic diseases, should be equated with occupational injury.

Occupational injury benefit

If you have an occupational injury approved by NAV, you may be entitled to several special benefits in NAV, for example, the calculation rules for sickness benefit, work assessment allowance and disability benefit are more favourable. Furthermore, you may be entitled to compensation if your injury is assessed at 15% permanent medical disability or more.

Ø

Financial loss

In order to receive compensation, most types of compensation require you to be able to prove or substantiate that you have an injury-related financial loss. The injured party bears the burden of proof for this, and the basic principle is that you should be in the same financial position after an injury as if the injury had not occurred.

Eye injury

A eye injury can happen if the eyeball is struck by blunt or pointed objects, or as a result of exposure to corrosive liquids, chemicals or radiation.

Å

Causal relationship

Causality is the connection between the accident and the injury, and between the injury and the financial loss you have suffered. In order to receive compensation after an injury, you must be able to prove by a preponderance of probability that there is such a causal link.