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What is compensation for loss of earnings?
Compensation for loss of enjoyment of life (pain and suffering) is compensation for injuries that mean you can no longer live a normal life as you did before the injury. This distinguishes compensation for loss of amenity from other types of compensation, which are intended to compensate for a specific financial loss.
When am I entitled to compensation?
You can receive workers' compensation after a occupational injury, traffic accident, violent injury, patient injury or other damage for which someone is responsible.
Which injuries can give rise to a claim for personal injury compensation?
The injury must be permanent and significant, and both physical and psychological injuries can provide grounds for compensation.
The fact that the injury must be permanent does not necessarily mean lifelong. You can receive compensation for long-term injuries that can be healed in the long term, but which result in reduced quality of life over a longer period of time, i.e. approximately ten years or more.
The fact that the damage must be significant means that, as a general rule, you must normally be at least 15 per cent permanently medically disabled. The determination of the degree of medical disability shall be made by medical specialist on the basis of «Regulations on compensation for occupational injuries of 1997»
The degree of disability for various diagnoses is determined, but there is considerable room for medical judgement. It is therefore important to be assisted by a lawyer with special expertise in compensation cases in this process.
The amount of personal injury compensation varies depending on the type of accident you have been involved in. For occupational injuries the National Insurance Scheme and the Regulations to the Occupational Injuries Insurance Act apply. For other accidents, the compensation rules in the Injury Compensation Act apply.
How is loss of earnings compensation calculated?
The average compensation is calculated on the basis of the established medical disability percentage, the injured party's age and life expectancy, as well as the size of the National Insurance basic amount at the time of calculation.
The calculation of compensation differs somewhat depending on whether it is an occupational injury or another liability injury. In general, the compensation is calculated in tables, with little room for discretion.
Read more: How an occupational injury compensation case works
If you have an occupational injury, you will often be entitled to compensation from both the National Insurance Scheme and the compulsory occupational injury insurance.
What can I receive in compensation for loss of earnings?
The medical assessment of the injury will be of decisive importance for how much compensation you are entitled to. It is therefore important that you are assessed by a doctor with no ties to the insurance company.
In some cases, it may be relevant to use several medical specialists to determine the medical disability, for example where there are several different injuries that require medical expertise in several specialities.
The amount you receive in compensation for loss of earnings therefore varies greatly from approximately NOK 100,000 to over NOK 2 million.
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Watch the video nowHow is workers' compensation paid?
Medical compensation is paid as a lump sum. Alternatively, NAV can pay it in instalments, which in some cases can be beneficial for the injured party.
Do I have to pay tax on my compensation?
Compensation for loss of earnings is exempt from tax, but the compensation may result in wealth taxation if you are in a wealth tax position.
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