Compensation Eligibility Check

One definition of compensation is that compensation is financial remuneration that is intended to compensate for an injury or loss you have suffered or will suffer. As a general rule, the financial compensation should put the injured party in the same situation as if the injury had not occurred.

You may be entitled to compensation if you are injured in an accident at work, in traffic or in your leisure time. It is also possible to receive compensation if you have fallen ill at work.

You can claim compensation from the insurance company, NAV or the person or persons who injured you. However, this depends on the context in which you were injured.

A personal injury is a physical or mental injury to a person.

A traffic injury is an injury to a person where a motor vehicle, train, tram, plane or boat is involved in the incident.

An occupational injury is an injury to a person that occurs during work at the workplace during working hours.

An occupational disease is a disease caused by harmful effects at work over time.

A recreational injury is an injury that occurs during leisure time.

In tort law, the person who has suffered damage is called the injured party.

In tort law, the person who has caused damage is called the tortfeasor. The term is also often used to refer to the tortfeasor's insurance company.

There are many types of compensation you may be entitled to after a personal injury accident. For example, you may be entitled to compensation for pain and suffering, compensation for additional expenses incurred and to be incurred in the future, loss of income, loss of future income, loss of ability to work at home, compensation for tax disadvantage and compensation for redress.

There are three requirements that must be met for you to be entitled to compensation:

1. Basis for liability. Someone must be responsible for the damage.
2. Causal connection. There must be a connection between the accident and the ailments you are suffering from, and there must be a connection between these ailments and any financial loss.
3. Financial loss. The injury must have resulted in a financial loss.

Good documentation is important in a compensation case. A good tip is to take photos of the accident and any visible injuries you have sustained, as well as the names and addresses of witnesses if possible. It is also important to see a doctor as soon as possible after the accident to record your injuries. Information from the hospital, police, fire brigade and psychologist is important documentation in a compensation case. Timely evidence can be crucial to the case.

The person who is injured has the burden of proof in a compensation case. Without good documentation, it is therefore difficult to win a claim for compensation.

Compensation depends on the severity of the injury, the consequences of the injury for your
ability to work and of the expenses you incur due to the injury.

How old you were when the injury occurred also affects the amount of compensation. If you are
is relatively young at the time of the injury and the injury leads to reduced ability to work.
compensation amount to several million kroner.

Read more: Stefan received NOK 4.3 million in compensation for occupational injury

«Act on occupational injury insurance» https://lovdata.no/dokument/NL/lov/1989-06-16-65, «Act on Damages» https://lovdata.no/dokument/NL/lov/1969-06-13-26 and the Motor Vehicle Liability Act https://lovdata.no/dokument/NL/lov/1961-02-03 are the most relevant laws in compensation cases involving personal injury.

Read more: How to apply for occupational injury compensation from NAV
Read more: How NAV assesses whether you have an occupational injury

Yes, it is. Compensation cases are complicated both medically and legally. You should therefore not try to fight the battle for compensation on your own.

It is often necessary to obtain a specialist's report to determine whether there is a causal link between the injury and your ailments.

In addition, it must be clarified whether the injury has resulted in permanent medical disability and the extent of the medical disability. There can therefore often be a discussion with the insurance company about the choice of medical specialist and the assessment of the specialist's report.

We often see that clients who consult a lawyer achieve higher compensation than those who try to handle the compensation settlement on their own.

Usually not. If the injury occurred at work or in traffic, the insurance company will normally cover your legal expenses in the compensation case. You can also have your legal expenses covered through various legal aid insurance policies.