What is prolapse?
Replacement for prolapse! Prolapse is a personal injury which occurs when one or more discs between the vertebrae in the spinal column are damaged so that the material in the disc nucleus bulges out. This results in a bulge on the outside of the disc called a prolapse. This prolapse can press on the nerves and cause severe pain.
Where does prolapse occur?
Prolapse can occur in most places in the spine, but prolapse is most common in the neck and lower back.
What are the symptoms of prolapse?
Prolapse is a fairly common condition among Norwegians, and around half of the population suffer from prolapse without experiencing any symptoms. Most people with prolapse have not been exposed to any trauma.
For a prolapse to be considered trauma-induced, you must have been exposed to sufficiently large forces. There is often disagreement about how much force is needed to trigger a prolapse.
You may find that an accident has triggered an apparently small prolapse, but that this develops over time. Such a development can also provide grounds for compensation.
If a trauma-induced prolapse is suspected, this should be documented as early as possible, preferably by imaging. If the prolapse progresses, new images should be taken.
Those who experience symptoms of prolapse have sometimes severe pain that radiates to the arms and legs. Stiffness in the back can also be a symptom of prolapse. In some cases, there may also be paralyses and sciatica.
You can read more about prolapse and watch a video about the condition at Norsk Helseinformatikk.
How do I get a prolapse diagnosis?
A prolapse can be diagnosed through a clinical and neurological examination. You can also have an MRI (magnetic resonance imaging) scan to determine if prolapse is the cause of your pain.
What types of accidents can lead to prolapse?
The most common accidents that lead to prolapse are occupational injury, traffic accident, leisure accident, boating accident or plane crash.
Am I entitled to compensation for prolapse?
Answer. You may be entitled to compensation for prolapse:
- If the injury occurred at work for your employer at the workplace and is the result of an accident, you are probably entitled to compensation for occupational injury.
- If the damage occurred in traffic, you are probably entitled to compensation for traffic damage under the responsible motor vehicle's liability insurance.
- If the injury occurred as a result of medical malpractice, you are probably entitled to compensation for patient injury 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 injury occurred during leisure time, you may be entitled to compensation for recreational injury under accident insurances or travel accident insurance if you had such insurance.
Is there a disability table for prolapse?
Yes. Disability table is the starting point for the assessment of the injured party's medical degree of disability (VMI), and thus what you are entitled to in compensation for loss of earnings after prolapse, and to determine how much you may be entitled to receive under the accident insurances.
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 injury incidents, such as after road accidents and leisure accidents, boating accidents and aircraft accidents.
What types of compensation am I entitled to for prolapse?
As an injured person, you may be entitled to the following types of compensation:
- Trade compensation
- Incurred and future additional expenses
- Revenue loss incurred
- Future revenue loss
- Incurred and future loss of ability to work at home (not future loss due to occupational injuries)
- Compensation for tax disadvantage
- Compensation for redress
If you have claims related to accident insurances the amount of compensation will depend on the degree of medical disability, the insurance terms and the amount for which insurance has been taken out.
Is prolapse recognised as an occupational injury by NAV?
Answer. If the prolapse occurred at work for the employer at the workplace, and is the result of an accident, then you can apply NAV about recognising the injury as an occupational injury. If you receive a decision from NAV that you have an «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 dental expenses, 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 more: How NAV assesses whether you have an occupational injury
- Read also: How an occupational injury compensation case works
How much can I receive in compensation after a prolapse?
For occupational injuries, road accidents and other so-called liability cases, the amount of compensation depends on the severity of the prolapse, the consequences it has had for your ability to work and the expenses you have incurred as a result of the personal injury.
This will need to be assessed in more detail by a lawyer, but the compensation may amount to several million kroner.
The amount of compensation under accident insurance depends on the medical disability rate (VMI), the insurance terms and conditions and the amount for which insurance has been taken out.
Do I need a lawyer if I get a prolapse?
Answer. Prolapse often leads to complicated compensation cases, both legally and medically. It is therefore necessary to contact a lawyer to clarify the insurance companies' liability and the financial consequences of this liability.
Do I have to pay for my lawyer myself if I get a prolapse?
No, in compensation cases following, for example, occupational injuries and traffic accidents, your legal expenses will normally be covered by the responsible insurance company to a reasonable and necessary extent.
In accident insurance cases following a prolapse during your free time, you must pay for the lawyer yourself.
If the compensation case after a prolapse proceeds to legal proceedings, many people will have a legal expenses insurance which in most cases covers part of the legal fees.
Why should I choose Advokatfirmaet Halvorsen & Co?
Halvorsen & Co is one of Norway's leading law firms specialising in personal injury compensation cases.
Over almost 30 years, our clients have received billions of kroner in compensation. We are nationwide, and only have specialised lawyers with extensive experience.
With us, you always get a free call to assess your compensation case. Get in touch with us today.