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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
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
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
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
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
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
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
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
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
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
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
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
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
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

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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

  1. 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
  2. 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