Compensation for occupational diseases - Advokatfirmaet Halvorsen & Co

Compensation Eligibility Check

Check if you may be entitled to compensation!

What is an occupational disease?

An occupational disease is a disease that is caused by harmful effects at work over time and is listed as a disease equivalent to occupational injury.

Can I receive compensation for an occupational disease?

Answer. If you have fallen ill at work, you may be entitled to compensation for occupational disease, partly from NAV and partly from the responsible occupational injury insurance company.

What are the most common occupational diseases?

The most common occupational diseases are respiratory diseases such as COPD, emphysema and lung cancer, as well as ear diseases/injuries such as tinnitus and hearing damage.

Skin diseases, diseases of the nervous system, musculoskeletal diseases and mental disorders also top the list of the most common occupational diseases, according to statistics from Finance Norway.

Which illnesses can entitle you to compensation for occupational diseases?

There are a number of diseases that can give you compensation. You can find these at the list of injuries that can give you compensation for occupational disease.

There is also a separate regulation on diseases and poisonings occurred as a result of specified activities and work processes.

Diseases that are considered to be work-related and thus equated with occupational injury are listed in the form of regulations. These are:

Diseases caused by poisoning or other chemical exposure
Disease caused by radiation energy
Hearing loss due to noise from machines, tools, processes and more
Lung diseases caused by exposure to finely divided substances
Diseases of the arms and hands, including vasospastic syndrome in the hands and neuropathies, when the disease is caused by vibrations transmitted from vibrating machines, pneumatic tools, jackhammers and the like
Diseases caused by infection
Diseases after vaccination that are related to the profession

How much can I receive in compensation for occupational disease?

This depends on the severity of the occupational disease and the consequences it has for your ability to work and the extent of your injury-related expenses. It also matters how old you were when you became ill.

If you suffer a permanent illness and your ability to work is also reduced, the compensation can in many cases amount to several million kroner.

Am I entitled to more compensation if I am a state or municipal employee?

For employees in the state and municipality, occupational illness may also trigger the right to compensation under the General Collective Agreements (HTA) in the state or municipality.

Such compensation is not in addition to compensation under the occupational injury insurance, but coordination must be carried out, which means that the compensation will be paid according to the set of rules that provides the highest compensation.

Do all employees have occupational disease insurance?

All employers in Norway are obliged to take out occupational injury insurance for their employees. If the conditions for occupational disease are met, you may be entitled to compensation under the occupational injury insurance.

What does occupational injury insurance not cover?

You will not be reimbursed for expenses that can be claimed from the public sector via, for example HELFO and Not travelling.

Can I receive compensation if my employer has not taken out occupational injury insurance?

Yes. If your employer has not taken out occupational injury insurance, the claim can be directed to Occupational Injury Insurance Association.

The insurance companies that sell occupational injury insurance in Norway are required to be members of this association, and it is financed by these companies.

Is there a difference between the occupational injury coverage of employees in the public and private sectors?

Government employers are exempt from the requirement to take out occupational injury insurance for their employees. Instead, the state is a self-insurer, and as an employee of the state, claims will be handled as if the occupational injury insurance had been taken out in Norwegian Public Service Pension Fund.

When do I have to notify the insurance company of an occupational disease?

There is no deadline for reporting occupational diseases to the insurance company.

What must my employer do if I get an occupational disease?

The employer is obliged to report the occupational disease to NAV as soon as possible and no later than one year after the cause of the disease has been recognised. In case of severe personal injury and death, the employer must also report the illness to Labour Inspection Authority.

You will find relevant claim form to NAV here.

Do I have to report my occupational disease to NAV?

If your employer has not done this, you must notify NAV yourself. You should do this as soon as possible after you have been diagnosed with the disease.

If the claim is reported too late, the disease can still be recognised as an occupational disease if it is clear that the disease is an occupational disease, and there are special reasons why notification was not given at the right time.

You will find relevant claim form to NAV here.

Am I entitled to compensation from NAV after an occupational disease?

Answer. You will normally be entitled to social security benefits from NAV if you have become ill from your job. The compensation under the occupational injury insurance will be in addition to the benefits from NAV.

A common feature of many insurance schemes is that you are obliged to ensure that you first receive the benefits you are entitled to from NAV before you can, for example, claim compensation from the occupational injury insurance company.

It is therefore important that you ensure that you receive the benefits you are entitled to from NAV following an occupational illness. You can read more about this on our page about social security.

What am I entitled to from NAV if NAV recognises my illness as an occupational disease?

If you receive a decision from NAV that the disease is «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 may also be entitled to reimbursement of expenses for a dentist, medicines and special medical equipment. You may also be entitled to compensation for loss of earnings from NAV.

Can the occupational disease claim become obsolete?

It is important to note that a claim against the insurance company may become time-barred after three years. The time limit begins to run at the end of the calendar year in which the employee acquired or should have acquired the necessary knowledge of the circumstances that justify the claim.

Is there a disability table for occupational diseases?

Yes. Disability table is the starting point for assessing what you are entitled to in compensation for loss of earnings after an occupational disease.

The disability table is a separate regulation called Regulations on workers' compensation for occupational injuries, but is also used to determine the degree of medical disability in compensation settlements for injuries after an occupational disease.

In the Disability table, the medical disability percentage for a number of diagnoses, and this provides the framework for the assessment of your medical disability to be determined by a medical specialist.

What requirements must be met in order for me to be entitled to compensation from the occupational injury insurance company for an occupational disease?

The following three requirements must be met:

Basis of liability. Someone has to take responsibility for the disease.
Causal relationship. There must be a connection between the occupational disease and the ailments.
Financial loss. There must be a financial loss due to the occupational disease.

These terms contain difficult legal and discretionary issues that require special expertise in tort law to handle.

What types of compensation am I entitled to for occupational diseases from the occupational injury insurance company?

You may be entitled to the following types of compensation:

Am I entitled to compensation for occupational disease on behalf of the deceased?

If a person dies as a result of an occupational disease, compensation for loss of dependency will be awarded to the deceased's dependent(s) in accordance with specified rules.

Am I entitled to compensation for occupational disease as a conscript?

Yes. Military personnel, conscripts and other conscripts also have occupational injury cover for occupational diseases that are incurred or arise in the period from when they report for duty until they are discharged.

This also applies to military personnel participating in international operations.

Do I need a lawyer after an occupational disease?

The answer is yes. Compensation cases following an occupational disease are complicated cases, both legally and medically. Therefore, it is necessary to contact a lawyer to clarify the insurance companies' liability and the extent of this liability.

There are a number of deadlines in compensation cases following an occupational disease. It is important to follow up on these deadlines in the right order and in the right way in order to receive the right compensation.

The interaction between NAV's liability and the insurance company's liability often requires coordination where legal assistance may be necessary.

It's therefore a good idea to contact a lawyer who specialises in occupational diseases. You risk missing out on large amounts of compensation if you make a mistake on your own in an occupational injury case.

Do I have to pay for my own legal expenses after an occupational disease?

No, they don't. Normally, your occupational injury insurance company covers your reasonable and necessary expenses for a lawyer if you become ill from your job.

Why should I choose Advokatfirmaet Halvorsen & Co?

Over almost 30 years, our clients have received billions of kroner in compensation. We work with occupational diseases every single working day for clients all over the country, and have only specialised lawyers with extensive experience.

We always offer a free assessment of your occupational disease case. Get in touch with us today.

Occupational disease