A SHORT HISTORY OF LIBERTY'S PROGREE THROUGH HE EIGHTEENTH CENTURY
Occupational injuries issues related to termination of employment and NAV, Hans Unneland, Unneland AS
1. SOME TOP ICS AFTER WORK RELATED INJURI ES
ALSO REGARDING NATIONAL INSURANCE ACT
( FOLKETRYGDLOVEN) AND NOTICE OF DI SMI S SAL
ADVOKATF IRMAET UNNELAND AS
2. Presentation of advokatfirmaet Unneland AS
The Law firm Unneland AS is specialised in and only
works with personal injury.
We have more than 20 years of experience.
We work only with injuries after traffic accidents,
work related injuries, insurance law and National
Insurance Act.
We are 7 qualified lawyers. We work with
MojaNorwegia and have Polish interpretors.
Advokatfirmaet Unneland AS www.unneland.as
3. What is a Work Related Injury?
A work related injury means a personal injury (illness or
death) caused by a work- place accident which happens
while the person is covered under a personal injury
scheme.
Advokatfirmaet Unneland AS www.unneland.as
4. Work related injury
A workplace accident is a sudden (unplanned) and
unexpected occurance arising out of or in connection
with work. A workplace accident can also be a specific
time limited external event which incurs a strain or load
which is unusual as compared to what is normal work.
Work related disease (illness), which is a disease
contracted as a result of an exposure over a period of
time to risk factors arising from work activity.
Advokatfirmaet Unneland AS www.unneland.as
5. Work related injury
A repetitive strain injury is a disorder in the
muscles/nerves/tendons which has developed over time
and is not considered a work related injury. The same
goes for disorders which are the result of psychological
stress or strain over time.
Advokatfirmaet Unneland AS
www.unneland.as
6. Terms of work related injury compensation
Personal injury, (illness or death) caused by:
Workplase accident
During work (the most important)
At your workplace
During working hours
Advokatfirmaet Unneland AS www.unneland.as
7. Employer’s responsibility
If an accident occurs in the workplace, the employer is obliged to send a
claim form immediately and within one year after the accident to the
Norwegian Labour and Welfare Administration (NAV). This applies even if the
employer does not mean this is a workplace accident as long as the employee
demands this. If the employer has not done this, the employee can report the
injury or illness. The employer is also obliged to inform the Norwegian Labour
Inspection Authority in cases of severe injuries. Employers are also obliged to
take out occupational injury insurance (Yrkesskadeforsikring) for their
employees.
The Form for reporting injuries is available on NAV’s homepage or NAV
international can be contacted on tlf: +47 21 07 37 00 and have Polish
speaking officials.
Advokatfirmaet Unneland AS www.unneland.as
8. Norwegian Labour and Welfare Administration (NAV)
If NAV accepts that it is a workrelated injury it gives the
rights to:
Coverage of medical costs, doctor consultations, hospitals
and therapy.
More favorable calculation of sickness benefits
(sykepenger), work assesment allowance (AAP) and
disability pension (uførepensjon).
If the injury results in a 15% or more permanent medical
injury it gives the right of tort (menerstatning).
Advokatfirmaet Unneland AS
www.unneland.as
9. Sickness benefits in Norway for EU citizens
An injured EU citizen, Jan, who lives and works in
Norway is entitled to sickness benefits according to the
Norwegian Insurance Act.
This right to benefits is the same as for Norwegians.
If Jan wants to visit Poland during his sickness period he
has to get a written prior approval from NAV.
Advokatfirmaet Unneland AS
www.unneland.as
10. Sickness benefits continues
A Polish citizen, Alexandra, who works in Norway without
having taken residence in Norway is also entitled to
sickness benefits if she becomes ill in Norway or in
Poland.
Alexandra is entitled to get the sickness benefits paid in
Poland or in Norway.
Advokatfirmaet Unneland AS
www.unneland.as
11. Coverage of expences for treatment
Expenses for treatment after workrelated injuries are
covered by the Norwegian Insurance Scheme.
The free coverage applies as a main rule only for
treatment in Norway.
Advokatfirmaet Unneland AS
www.unneland.as
12. Work assesment allowance (AAP)
The Norwegian Insurance Scheme states as a main rule
that the right to work assessment allowance is based
on stay in Norway.
Advokatfirmaet Unneland AS
www.unneland.as
13. Compensation
All employers are obliged to take out occupational
injury insurance (yrkesskadeforsikring) according to the
Occupational Injury Insurance Act.
All economical losses shall be compensated by the
insurance company, not the employer.
Typical losses are loss of income and expences caused
by the injury.
A work related injury in itself does not give the right to
compensation.
Advokatfirmaet Unneland AS
www.unneland.as
14. Notice of Dismissal
The Working Environment Act, (Arbeidsmiljøloven)
gives in an international perspective one of the
strongest protection for workers
The Working Environment Act always demands
reasonable grounds for a notice of dismissal and
especially during sick leave.
Advokatfirmaet Unneland AS www.unneland.as
Editor's Notes
YSL § 11, uttalelse i forarb, HRD og teori om at yrkesskadebegrepet har samme innhold også i YSL. HRD i 2011 kuldedommen, merknad 32 og 33 med henv til skyggekjennelsen, pallekjennelsen
3. Ledd inneholder en negativ avgrensning, belastningslidelser over tid faller utenfor.
2. Ledd, første punktum er det markert ulykkesbegrepet,
2. ledd, andre punktum er det avdempede ulykkesbegrepet. Etter ordlyden kreves det også her en ytre hendelse, men vi skal se om det er slik bestemmelsen skal forstås etter Høyesterettsdommer
Alle vilkårene må være oppfylt. De samme vilkårene både i Ftrl. Og YSL
Selv om NAV godkjenner er ikke YSL bundet av det, men ofte et gunstigere utgpunkt enn om avslag.
Unntak HTA og kommune, men ikke stat og med AAP blir det sjelden satt varig UP som trengs ift enighetsprotokollen
Det ligger mange problemstillinger her, men arbeidsulykkesbegrepet er viktig og i arbeid. Er en i arbeid så vil også kravet om arbeidssted og arbeidstiden normalt være oppfylt.
Vi behandler i fortsettelsen arbeidsulykkesbegrepet, dvs selve ulykkeshendelsen og forutsetter at alle andre vilkår er oppfylt for erstatning