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government schemes to assist in industrial injury and disease cases

by admin last modified 28-08-2006 15:38
Page 5 of 7.

Claiming benefits after an accident or disease under the Industrial Injuries Scheme.

If you are injured or made ill from work you may be able to claim benefit even if you are still working. Industrial Injuries Disablement Benefit is for people who are disabled as a result of: -

  • An accident at work (i.e. any unintended happening or incident at work that arose out of and in the course of their employment)
  • Contracting a prescribed disease through their employment. Currently there are over 70 prescribed diseases listed in the regulations.
phone free! Call 0800 066 99 07 and get our personal injury team working for you straight away. The call is free, the advice is free and nothing will ever be deducted from your compensation.

This is a 'no fault' scheme. So, unlike where you claim compensation from your employer in the courts, you do not have to prove that your employer was to blame. For most diseases you must show that you worked in a certain occupation either when the disease started or for a certain length of time before. Unfortunately, because of the way the scheme operates many common illnesses, such as stress, are not compensated for.

A full list of the prescribed diseases can be found in leaflet DB1, accessed from the internet by clicking here. This is a very useful guide to the whole scheme.

Disablement Benefit is paid to what are called 'employed earners', so although most workers are covered, it is not payable to the self-employed.

Disablement benefit claims are processed in regional centres throughout the country. To make a claim, you should contact your local Social Security office and they will arrange to send a form out to you. Their address can be found in the telephone book. It is important to note that the regional centres do not have caller facilities.

Alternatively, the Benefit Enquiry Line (BEL) on 0800 88 22 00 will supply the address and telephone number of the appropriate regional centre. The BEL also offer help in completing the claim form.

Additionally, most forms can be downloaded from the internet by clicking here where you can download an appropriate claim form.

If you are assessed as being disabled then, for most diseases, you will only get benefit if you are assessed at 14% disabled or more. In the case of certain chest and lung diseases benefit is paid below that and for hearing loss you must show at least 20% disablement. This means that if you get assessed as less than that amount you will not get benefit, although you will be able to claim again if your condition worsens.

Claim Forms.

Accidents. If you just wish to have an accident registered, ask for form BI95 application for an Industrial Accident Declaration (This is not a claim for benefit) .

If you wish to claim Disablement Benefit for an accident, ask for form BI100A - Claim for Disablement Benefit for an Accident at work .

Prescribed Industrial Diseases.

If you are claiming for a prescribed industrial disease, you should complete the appropriate form. There are a number of specific forms and the relevant details can be obtained from the BEL or a local Social Security office.

Reduced Earnings Allowance.

If you cannot return to your usual work or work with similar pay because of an accident or disease caused by work which occurred before 1 October 1990, you may be able to claim Reduced Earnings Allowance. Ask for form BI103 - Claim for Reduced Earnings Allowance.

phone free! Call 0800 066 99 07 and get our personal injury team working for you straight away. The call is free, the advice is free and nothing will ever be deducted from your compensation.


Accidents and illness at work section:

See also

  • compensation tables
  • claimable expenses
  • welfare benefits and government assistance

Discuss your claim on our bulletin boards!

 

Coal Health Compensation Scemes - now closed

The Coal Health Compensation Schemes resulted from a court case brought by miners unions in 1996 which ruled ruled that British Coal was responsible for injuries and industrial illness caused to workers by respiratory disease (chronic bronchitis and emphysema) resulting from the dusty conditions and vibration disease (Hand Arm Vibration Syndrome) caused by using vibrating tools.

The liabilities of British Coal transferred to the Department of Trade and Industry (DTI)  on 1 January 1998 (under terms of Coal Industry Act 1994) and subsequently 754,000 claims were registered and more than £7bn paid in compensation. The Coal Health Schemes are now closed to new claimants.

Dock Labour Boards and asbestos claims

After a similar case brought by dockers in mid 2006, the High Court ruled that Department for Trade and Industry was held responsible for the health and safety of workers at docks throughout England and Wales in the 1950s and 1960s. The Dock Labour Boards at the ports, which organised the dockers’ work, were not entitled to pass on responsibility to the shipping companies that carried the asbestos cargoes, many of which are now untraceable or defunct.

The legal challenge will be to the benefit of many dockworkers suffering from the asbestos cancer mesothelioma or indeed any disabling asbestos-related illness. However the High Court did give the DTI the right to appeal.

Claimants are hopeful that the government may set up a similar scheme to the Coal Health Compensation Schemes to administer the payments, although in mesothelioma cases the individual payments would likely to be at a much higher level.

Injurywatch home page

Contents:

1. Personal injury basics
2. Damages
3. Routes to compensation
4. Funding your case
5. Settling your claim
6. Resolving minor cases
7. Compensation for criminal injuries

 

Other sections :
Clinical injury (medical and dental)
Criminal injury
Defective products
Holiday injuries and injuries abroad
Military claims
Public transport injuries
Road traffic accidents
Injuries in school
Injuries in the street
Sports injury

 

Types of injury:

head injuries
repetitive strain injury
spinal injury
whiplash

 

 

Page 5 of 7.

by admin last modified 28-08-2006 15:38

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