Foreign workers are more prone to workplace injuries: Here's what you need to remember if you are in a work accident

Leni Aurora Brækhus / Merete Holtan Garte

foreignworkers@lomedia.no

According to The National Institute of Occupational Health in Norway (STAMI), about one in ten personal injuries happen at work.

In 2019, employers reported nearly 22.000 work injuries. Data from the 2019 survey of living and working conditions from Statistics Norway (SSB) show that 1.5 per cent of the respondents answer that they have had an accident in the workplace. That corresponds to about 39.000 workers.  

Injuries from falling are most common

The most common type of injury is from falling, with about 5000 cases a year.   

After this, being struck by an object, being stabbed or cut by a sharp or pointed object, injuries caused by violence, and colliding in, or being hit by a vehicle, are the most common types of work injuries.

Immigrants are more often in accidents

More young than older workers and more men than women get injured at work.   

According to the survey from Statistics Norway, the most accident-prone professions are construction workers, chefs and kitchen assistants, and electricians.  

Work immigrants in construction are about four times as accident-prone as workers born in Norway, according to a 2018 report from STAMI and the Norwegian Labour Inspection Authority.    

Occupational injury compensation

Anyone who incurs an occupational injury or illness, under the provisions of the Act on Occupational Injuries Insurance, shall not lose any money due to the injury. All expenses are, in principle, covered by National Insurance. In case of loss of future earnings, your employer’s insurance company shall compensate for this.    

The law states that all employers in Norway are obliged to have occupational injury insurance for all employees.   

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What is the first thing you should do if you are injured at work and suspect that you could be entitled to occupational injury compensation?  

Inform your employer, who is obligated to send an injury report to the Norwegian Labour and Welfare Administration (Nav) and report it to the Labour Inspection Authority. It may be a good idea to ask a union representative to help you write the injury report. It is essential to include all the details.

You must make sure that the injury report gets submitted to Nav within the one-year deadline. If your employer does not report the injury, you may do it yourself.  

It is your responsibility to report the injury to the insurance company where your employer has taken out occupational injury insurance. 

You should also see your doctor and record the course of events and the symptoms in your medical journal.     

What should you include in the injury report for Nav and the medical journal?

Include as many details as possible regarding what happened and which symptoms you have following the injury. These details can be of importance when it comes to getting your injury approved as an occupational injury. In case of disagreement between the parties, these details could be decisive as so-called «contemporary evidence».   

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Which injuries qualify for compensation, and which do not qualify?

In Norway, an occupational injury means a personal injury, an illness or a death caused by a work accident.

The injury could be approved as an occupational injury if you have been in an accident. Falling from a ladder, for instance, or an accident caused by a machine or a tool.    

The law states that one must have been subjected to a «concrete, time-limited external event that entails an unusual strain compared with what is normal for the work in question».   

In many cases, complex assessments are necessary before concluding if it is a work accident and thus an occupational injury. For this reason, it is important to report injuries happening in the workplace, even if you are not sure that the conditions are met. Leave it up to Nav and the insurance company to assess this.    

Repetitive strain injuries that have developed over time do not count as occupational injuries. However, some occupational illnesses that have developed over time will count as occupational injuries. You will find the list of injuries in the Regulations on occupational disease. 

Mental injuries are covered in the same way as physical injuries when caused by a work accident. The mental injury must thus have developed after an incident that happened within a shift or a workday. The incident must also be outside what is considered normal for the work in question.    

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What if you get injured during work training or an exercise at work? 

If you are employed, the occupational insurance covers you during training. However, when the training or the exercise goes to plan, without any sudden and unexpected events, and you still get injured, the injury will probably not get approved as an occupational injury – even if the training or exercise is risky. 

You can be awarded compensation both from Nav and from the insurance company. 

Through Nav, you could be entitled to compensation for permanent injury if the accident has made you at least 15 per cent permanently medically disabled.

If Nav approves the injury as an occupational injury, you will also get several benefits in the Nav system. Among other things, you will not have to pay deductibles for medical treatment, and you will get advantages when it comes to work assessment allowance (AAP) and disability benefits.  

In addition, you shall have insurance through your employer, and, among other things, you could get compensation for loss of income and future earnings from your employer’s insurance company. 

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Who can you ask for help if you have been injured at work and wonder if you are entitled to compensation?

If you are unionised, you can ask a union representative or contact your trade union. You can get legal aid through your trade union if the attorneys believe you are entitled to compensation. 

Source: LO's legal department

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