Compensation for psychological injury

Compensation for psychological injury?

You may be entitled to compensation for psychological injury following an occupational injury, traffic injury or recreational injury.

What is psychological damage?

A psychological injury is a mental disorder that occurs as a result of an accidental event. A psychological injury can occur as a consequence of serious physical injuries or as a result of strong impressions in connection with an accident that affects oneself or others.

A mental injury or mental disorder is a generic term for disorders that are characterised by distressing mental symptoms over a long period of time that lead to reduced function in daily life or working life compared to the level of function before the injury.

Psychological injuries following accidents are often overlooked by the healthcare system. Various forms of anxiety disorders and permanent worsening of mental health problems/disorders that the injured party had before the accident are often due to this.

Psychological injuries have the same legal protection under Norwegian law as physical injuries, and give rise to claims for compensation in the same way as physical injuries.

What are the most common psychological injuries after an accident?

It is not uncommon for people exposed to accidents to suffer from post-traumatic stress disorder, also known as PTSD. Typical symptoms of PTSD include reliving the accident (flashbacks), emotional flattening, avoidance behaviour, such as fear of driving if you have been in a traffic accident, as well as discomfort when passing the scene of the accident, hearing the sound of an ambulance and so on.

It is also not uncommon for injured parties to develop depression after having been exposed to an accident with personal injury, often related to reduced coping ability and function after the accident.

By tinnitus (persistent ringing in the ears), which is often caused by an accident, it is not uncommon for the injured party to develop depression as a result of, among other things, greatly reduced sleep quality.

Head injuries (organic brain injuries) following an accident can also result in independent psychological damage.

What types of accidents can lead to psychological injury?

A psychological injury can occur after a number of different workplace accidents in the construction industry, offshore industry, traditional industry, forestry and agricultural industry and in fisheries.

Psychological injuries can also occur as a result of road accidents, aircraft accidents, boating accidents, railway accidents and in connection with sports and leisure accidents.

Examples of physical injuries that can also lead to psychological damage include crush injury, impact damage, etching damage, power damage, burn damage, explosion damage, multiple trauma, paralyses, cut damage, puncture wound, neck injury, back injury, spinal cord injury, amputation, nerve damage, CRPS, eye injury, hearing damage, leg injury, arm injury and organ damage.

What symptoms are common in psychological injuries?

Expressed feeling of tiredness or fatigue
Difficulty concentrating
Sadness
No interests or pleasures anymore
Appetite ring
Lack of action
Aches and pains
Suicidal thoughts

Am I entitled to compensation for psychological injury?

Yes, you can. You may be entitled to compensation.

If the injury occurred at work, you are probably entitled to compensation for occupational injury.
If the damage occurred in traffic, you are probably entitled to compensation from the insurance company of the vehicle that injured you.
If the damage occurred in leisure time, you are entitled to compensation under accident insurance or travel accident insurance if you had such insurance.
If the damage occurred in a boating accident, you can claim compensation under the boat's liability insurance, under the skipper's or boat owner's liability insurance, or directly from the skipper or boat owner.
If the damage occurred in a plane crash 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 damage occurred during medical treatment, you may be entitled to compensation from Norwegian Patient Injury Compensation.

Read more: Act on occupational injury insurance
read more: Act on compensation for damages
Read more: Act on motor vehicle liability

In most compensation cases, 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?

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

You may also be entitled to compensation under accident insurances, and under disability insurances if the injury renders you fully or partially unable to work.

How much can I receive in compensation?

The amount of compensation for psychological injury depends on the diagnosis, the severity of the injury and the consequences for your ability to work. Your age also affects the amount of compensation if you have lost the ability to work. In addition, there is the size of the expenses you have incurred.

This will need to be assessed in more detail by a lawyer, but the compensation may amount to several million kroner.

Is there a disability table for psychological 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, and to determine how much you may be entitled to receive under accident insurance policies.

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. This 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 damage incidents, such as road accidents, leisure accidents, boat accidents and aircraft accidents.

Are psychological injuries recognised as occupational injuries by NAV?

Answer. If the psychological injury is due to an accident while working for an employer at the workplace, you can apply to NAV for 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 expenses for medicines and special medical equipment. You may also be entitled to compensation from NAV.

Do I need a lawyer?

Answer. Personal injury compensation cases for psychological injuries are often complicated compensation cases, both legally and medically. Therefore, you should not 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?

No, in compensation cases following, for example, occupational injuries and traffic accidents, your legal expenses will normally be covered by the responsible insurance company. You can also have your legal expenses covered through various legal expenses insurance. I accident insurance cases after psychological injury in your free time, you must pay for the lawyer yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

The law firm Halvorsen & Co is one of the country's leading law firms specialising in compensation cases following psychological 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 call to assess your compensation case. Get in touch with us today.