Accident at work

If you are injured at work, or on a direct route to or from work, you are entitled to compensation from accident insurance for employees mandated by collective wage agreements/union contracts, as well as social security accident insurance. The right to claim compensation is not dependent on establishing fault or blame for the occurrence of the accident.

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What you should know

Accident at work

The claim is directed at the employer’s insurance company as well as with the Icelandic Health Insurance (Sjúkratryggingar Íslands). Intent or gross negligence by the injured person may result in total or partial loss of rights to compensation.
Due to the accident, you may be entitled to receive a daily allowance for incapacity to work and compensation for loss of amenity/medical disability, as well as reimbursement of medical costs.

Should the employer be responsible for the accident, e.g. due to unsatisfactory or unsafe working conditions or the negligence of other employees, a claim for damages may arise against the employer directly or their insurance company.
Please note that traffic accidents are traditionally excluded in work accident insurance policies.

Here for you

It is important to report an accident as soon as possible to the Icelandic Health Insurance and the insurance company, so that the right to compensation is not lost. Contact Fortis lawyers to get an assessment of the situation. We want you to use our knowledge to help you through a difficult time.

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Accident at work

Example

51-year-old / Fracture of the wrist

Contacted Fortis for an assessment two weeks after the accident. Fortis began by ensuring the accident had been correctly reported to all relevant parties and took care of all case elements, communications with the liable parties, collection and analysis of the necessary data and arranged for the reimbursement of medical expenses.
One year after the client’s first meeting all necessary data had been gathered and Fortis had an impartial assessor assess the extent and the severity of the damages suffered in the accident.

The results of the assessment arrived three weeks after the assessment meeting resulting in 15% loss of amenity/medical disability. The total compensation amounted to approx. 4.100.000 kr.

35-year-old / Injury to the middle finger

Contacted Fortis for an assessment nearly two years after the accident. Fortis took care of all case elements, communications with the liable parties, collection and analysis of the necessary data.
Only three months after the client’s first meeting all the necessary data had been compiled and an impartial assessor assessed the extent and severity of the damages suffered in the accident.

The result of the assessment arrived eight weeks after the assessment meeting resulting in 7% loss of amenity/medical disability. The total compensation amounted to approx. 1.300.000 kr.

Please note that each case is unique and there are many variables that affect the amount of compensation, such as the insurance involved, age and assessment results. When settling on the basis of the tort law, the average income before the accident is also important.

The General Process of a Personal Injury Case

Fortis is with you every step of the way.

Step 1

Reporting the accident

It is important to report an accident to your insurance company as soon as possible so that you do not lose your right to compensation. Fortis lawyers can assist you with reporting if necessary.

Step 2

Data collection

The necessary data varies across case types, but for personal injury cases the main case data is data that proves and documents the accident and the injury; such as police reports, doctor’s reports and medical records, records from physical therapists, psychologists, dentists and other parties that assist the injured person in recovery. We at Fortis will take care of the data collection on your behalf.

Step 3

Assessment of consequences

When all the necessary data has been collected it is time to commission an impartial third-party assessor to assess the extent and the severity of the injuries suffered in the accident. As a general rule the assessment is not conducted until at least one year has elapsed from the accident’s occurrence. We at Fortis will guide you every step of the way during the assessment period of the case.

Step 4

Settlement

Fortis lawyers submit a claim for compensation based on the assessment. In most cases, an agreement on compensation is reached, but in cases where an agreement is not reached, Fortis lawyers will take care of legal action.

What is a permanent loss of earning capacity?

Injured persons can suffer a permanent loss of their capacity to earn income (also known as financial disability). The loss of earning prospects can include e.g. a reduction in pay due to a change in work position, line of work or workplace or the reduction of capability to handle strain or stress or working overtime.

Permanent loss of earning capacity is assessed in percentages and is assessed on an individual basis. When conducting the assessment, the assessors consider mental and physical abilities, age, education, work experience, residence and other personal aspects of the injured person. This differs from the evaluation for the permanent loss of amenities or disability, which are decided on an impersonal basis. The evaluation for permanent loss of earning capacity is only conducted for accidents which are compensated for under tort law, e.g. traffic accidents or work accidents at sea.

What is compensation for permanent loss of amenities?

Permanent loss of amenities involves compensation for non-economic loss (also known as medical disability). Loss of amenities is evaluated on a point-based system and does not look to personalised matters, such as age, education, work experience or special talents. All persons are evaluated on the same scale and will receive the same compensation for the same injury and the same symptoms. The point-based system can be found in a chart published by the government which contains instructions on the points certain injuries or symptoms amount to. As an example, the loss of the little finger amounts to 5-7 points with no regard to whether the injured person is a world-class pianist, a lawyer or a craftsman.

What is a permanent loss of earning capacity?

What is the point of stabilisation?

The point of stabilisation is the point in time in which no further improvements can be expected from the injured person’s condition or health. In other words, the health condition is stable with no expected changes for the worse or the better.

What is a temporary loss of earnings?

For traffic accidents or accidents covered by tort law the injured person may have the right to claim compensation for temporary loss of earnings for time spent away from work due to the accident. The compensation covers days away from work in which they do not receive sick pay from their employer and until either they can return to work, or when further improvements to their health cannot be expected. The injured person may also possess a right to compensation for temporary loss of income from the Icelandic Health Insurance (Sjúkratryggingar Íslands).

When the right for compensation from the insurance company lapses, the injured person may possess the right to compensation from their union or pension fund.

If the accident is a leisure time accident or an accident at work, they may also possess a right to claim a daily allowance for the incapacity to work.

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