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Compensation

Occupational disease

Are you suffering from an occupational disease?

An occupational disease is defined as an illness that is due to something you have been exposed to at work. Strict conditions apply to confirming that a disease is occupational. Occupational disease is on an equal footing with occupational injury. The same applies to other illness suffered by employees "whilst at work at the workplace in working hours", if the disease is due to exposure to hazardous substances and work processes. If the conditions are satisfied, you may have a claim for compensation under the compulsory occupational injury insurance that all employers are obliged to take out for their employees.

An occupational disease may be a lung disease, for example general loss of lung function, chronic bronchitis, cancer or Constructive Obstructive Lung Disease (COLD). Other examples of occupational diseases are reduced hearing, tinnitus and eye injury.

A person afflicted by an occupational disease will have a claim for compensation, even if the employer has not taken out this compulsory insurance.

An occupational disease will also trigger a number of rights under National Insurance. However this is conditional on NAV approving the disease as being caused by your occupation. You have to adhere to a number of different deadlines for both the insurance company and NAV.

For central government and municipal employees an occupational disease may trigger a right to compensation under the basic collective agreements ('hovedtariffavtalene - HTA') that apply to central government and municipalities respectively. Such compensation does not come in addition to compensation under the occupational injury insurance, but a coordination exercise has to be conducted so that the compensation is measured out according to the set of rules that provides the most compensation.

Advokatfirmaet Helland Ingebrigtsen DA has long experience of dealing with personal injury cases. We can assist you throughout the whole process.

From our office in Sandvika, Ski, Halden and Asker we provide legal services to private individuals, businesses, organisations and municipalities all over Norway. We also provide legal assistance to foreign individuals and businesses in Norway.

Contact us for a discussion without obligation.