Replacement for tinnitus?
You may be entitled to replacement for tinnitus following an occupational injury, road traffic accident or recreational injury. In some cases, this can amount to several million kroner in compensation.
What is tinnitus?
Tinnitus is often described as a buzzing, ringing, hissing or whistling sound in the ear or in an undefined area of the head.
The sound comes from your own nervous system, not from sound sources around you. Only you can hear the sound. Tinnitus is a symptom that the co-operation between the ear and central functions in the brain is not working as it normally does.
Tinnitus lasting more than 3-6 months is considered permanent. Tinnitus lasting more than 6 months is most often due to noise damage that has also led to reduced hearing or hearing loss.
What causes tinnitus?
There can be many causes of tinnitus:
- Injuries to the head and/or neck
- Impact of loud sound over time
- Impact of one or more single loud bangs
- Hearing damage/hearing loss
- stress
- Age
What health problems can I have due to tinnitus?
As a result of tinnitus, you can get:
- Sleep problems
- Cognitive problems, e.g. concentration problems
- Problems with socialising
- Mental stress, e.g. depression
Who gets tinnitus most often?
Employees in construction, road and rail, the music industry, traditional industry, shipping and the oil and offshore industry are prone to tinnitus.
What can lead to tinnitus?
Tinnitus often occurs in the context of a hearing damage, and can happen due to short-term and very loud sound or long-term exposure to noise.
If you experience tinnitus at work as a result of short-term exposure to very loud noise, the injury will be an occupational injury. If you get tinnitus at work as a result of prolonged exposure to noise, the injury will be an occupational disease.
Accidents that can lead to tinnitus include accidents at work, traffic accidents, aircraft accidents, boating accidents and leisure accidents. Tinnitus can also occur in connection with violence, illness, head injury or multiple trauma.
What do I do if I have tinnitus?
In the event of tinnitus, your employer is obliged to report the injury to NAV, and in the event of a serious injury, he is also obliged to report the injury to Labour Inspection Authority and the police. The hearing injury must also be reported to the employer's occupational injury insurance company.
Am I entitled to compensation for tinnitus?
Answer. You may be entitled to compensation for personal injury.
- If the injury occurred due to short-term and very loud noise in the workplace, you may be entitled to compensation for occupational injuriese.
- If the injury occurred due to prolonged exposure to noise at work, you may be entitled to compensation for occupational disease.
- If the damage occurred in traffic, you may be entitled to compensation under your motor vehicle insurance.
- If the injury occurred due to violence, you may also be entitled to compensation.
If the tinnitus symptoms are caused by an accident and are accompanied by hearing impairment, you will normally also be entitled to compensation under any accident insurances, even if the damage has occurred in your spare time.
It is important that you report the damage as soon as possible to the relevant insurance companies, and remember that accident insurance policies have a reporting deadline of one year from the accident.
In most cases of hearing damage, there will be a need to conduct a hearing test, also called a audiometric measurement, in addition to obtaining a specialist declaration from a medical specialist.
- Read more: Act on occupational injury insurance
- Read more: Act on compensation for damages
- Read more: Act on motor vehicle liability
- Read more: How an occupational injury compensation case works
What types of compensation am I entitled to?
As an injured person, you may be entitled to the following types of compensation:
- Incurred and future additional expenses
- Revenue loss incurred
- Future revenue loss
- Inflicted and future loss of ability to work at home (not occupational injuries)
- Compensation for tax disadvantage
- Compensation for redress
In order to receive compensation for tinnitus, you must also have severely impaired hearing and/or psychological problems as a result of the tinnitus. This is because tinnitus alone only results in 5 % medical disability in accordance with disability table.
How much can I receive in compensation?
The size of the compensation 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. 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 tinnitus recognised as an occupational injury by NAV?
Answer. If you have suffered the injury while working for an employer at the workplace, you can apply to NAV for tinnitus to be recognised as an occupational injury or disease. 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 pharmaceuticals and special medical equipment.
Read also: How to apply for occupational injury compensation from NAV
Read also: How NAV assesses whether you have an occupational injury
Do I need a lawyer?
Answer. Tinnitus can be a complicated compensation case both legally and medically. That's why you shouldn't start the battle 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. I accident insurance cases after tinnitus in your free time, you must pay for the lawyer yourself.
Why should I choose Advokatfirmaet Halvorsen & Co?
Over 30 years, our clients have received billions of kroner in compensation. We have assisted many clients with compensation after suffering tinnitus in traffic accidents, occupational injuries and in other contexts.
We always offer a free assessment of your compensation case. Get in touch with us today.
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