Compensation for depression

Replacement for depression?

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

What is depression?

Depression is a mental disorder characterised by severe and persistent low mood and loss of energy that affects your ability to function in everyday life. Depression can vary in severity from mild symptoms to severe depression. Depression often leads to negative thoughts and a feeling of hopelessness. Depression can also cause physical symptoms. Examples include pain and exhaustion.

Depression is one of the leading causes of work absence, sick leave and disability.

What causes depression?

Depression can be caused by strong impressions in connection with an accident, or by serious consequences after an accident. It is not uncommon for injured parties to develop depression after being involved in a personal injury accident, often linked to reduced coping ability and function after the accident.

What symptoms characterise depression?

Typical symptoms of depression are:

- Impaired concentration and attention
- Reduced self-esteem and self-confidence
- Feelings of guilt and inferiority
- Negative and pessimistic thoughts about the future
- Lack of initiative and reluctance to make decisions
- Thoughts and plans about suicide
- Sleep disorders
- Decreased or increased appetite
- Decreased sexual interest
- Anxiety, restlessness and agitation
- Irritability and temper tantrums

At iFightDepression you can test yourself for depression. You can take the test here.

You can also watch videos and read more about depression at the Norwegian Psychological Association.

What types of accidents can lead to depression?

Depression can occur after a number of different workplace accidents in construction, offshore, traditional industry, forestry, agriculture and fisheries, but also after road accidents, boating accidents, aviation accidents, patient injuries and leisure accidents.

Examples of injuries that can lead to depression include crush injury, impact damage, etching damage, power damage, burn damage, explosion damage, solvent 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.

Psychological injuries following an accident are often overlooked in the healthcare system. It is not uncommon for people exposed to accidents to also suffer from so-called post-traumatic stress disorder, also called PTSD. Head injuries (organic brain injuries) following an accident can also result in independent psychological damage.

Am I entitled to compensation for depression?

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 on 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 depression depends on the severity of the injury and the consequences it has 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 depression?

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, 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, but is also used for other damage incidents, such as road accidents, leisure accidents, boat accidents and aircraft accidents.

Is depression recognised as an occupational injury by NAV?

Answer. If the depression 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 a «recognised 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.

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

Do I need a lawyer?

Answer. Personal injury compensation cases for depression are often complicated compensation cases both legally and medically. That's why you shouldn't take on 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. In accident insurance cases following depression 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 involving depression.

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.