industrial injury benefits - RCN

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					                                                                RCN WING ADVICE GUIDE

                      What is available and how to claim it.

    The industrial injuries scheme provides no-fault, tax free benefit for any
    employee who suffers a personal injury caused by an accident arising out of
    and in the course of work, or who contracts a prescribed industrial disease
    or prescribed injury while working.

The benefit is not means tested, so it makes no difference whether you are working or off sick, or
whether you have savings in the bank. Even if you have not paid National Insurance contributions
you can still claim this benefit.


If you have had an accident at work or in the course of your work (e.g. whilst travelling to see a
patient if you are employed in the community, travelling to and from a course which you are being
funded for or have been given time off for by your employer), there are two things to do:

1. complete an accident report and record the incident in the accident book for your employer. This
   can be completed retrospectively but should ideally be done as soon as possible after the
   accident. (N.B. Keep a copy for your own records too.)

2. complete a Declaration of Industrial Injury (Form BI 95) to register the incident as an industrial
   injury. Forms are obtainable from your local Social Security / Jobcentre Plus (SS/JC+) office.
   They should be completed with as much detail as possible and returned to the SS/JC+ as soon as
   possible after the accident, but can be completed retrospectively. This is not a claim for benefit,
   but may help in the future if you do decide to claim because of your accident. Nursing students
   who are injured in the course of their training should register the injury but may not be
   considered for benefit. N.B. You can only register ‘wear and tear’ injuries, i.e. cumulative
   damage to the back in certain specific circumstances. (call WING for further advice).

      You should follow both of these steps even if you think the accident is not serious.

When they receive your completed BI95, the SS/JC+ will look into the incident by contacting your
employer for a copy of the original accident form. In most instances it is clear whether an
“accident” has happened, and whether it was “industrial” or not. However, case law has expanded
these concepts to include less obvious situations (e.g. verbal harassment can constitute an
“accident), so it is always advisable to complete the registration form and claim benefit. Seek
further advice if you are turned down.

TheSSA/JC+ will send a Registration document if they are convinced you have suffered an
industrial accident. You can then claim Industrial Injuries Disablement benefit (IIDB).

ce58945d-b968-4394-b6a9-25ca3434085f.doc                            Updated February 2007 (NLL)
                                                                  RCN WING ADVICE GUIDE

IIDB is paid to compensate those who have suffered disablement from a “loss of physical or mental
faculty” caused by an industrial accident or prescribed disease. Your employer does not have to be
at fault for you to receive benefit – and indeed, the claim system does not attribute responsibility for
the accident in any way.

Benefit will be paid if your disablement is assessed as being 14% or more. You will be required to
attend a medical examination with the SS/JC+ medical service in order determine the loss of
faculty. Benefit can be paid whether or not you are working or whether your income has been
affected. Award of benefit is made for a set period and you will then be reassessed. If you disagree
with the medical officers' assessment you have one month in which to appeal to a Social Security
Appeal Tribunal. Seek advice if you wish to appeal any benefit decision. (However, do remember
that the DWP might reduce the level of assessment on appeal instead of increasing it.)

Benefit is payable from 15 weeks after the original accident. If you claim later than this date, you
can ask for benefit to be backdated for a maximum of 3 months.

N.B. Always Retain copies of all forms you are required to complete and letters you write.


There are currently 70+ prescribed industrial diseases for which benefit can be paid, however some
are restricted to certain professions. If you think you have contracted/developed a disease in the
course of your work you should seek advice from your GP and the SS/JC+ immediately.

Department of Work and Pensions Leaflet DB1 is a technical guide intended for use by advisers, but
lists all of the diseases prescribed, so is a useful reference. If your condition is not prescribed or
listed in this guide you may still be able to claim IIDB under the “accident” provision of the benefit
as case law has shown that the catching of a disease can be accepted as an industrial accident. (in
which case see above)

To claim IIDB for a prescribed disease you will need to get the correct form from the SS/JC+. There
are different forms for each group of diseases, so you will need to tell the SS/JC+ which condition
you are claiming for. (E.g. occupational dermatitis, occupational asthma, occupational deafness,
repetitive strain injury, latex allergy.)

Seek further advice if you wish to claim for industrial disease as there are many different regulations
and time limits for the different diseases and conditions covered.

                          Call WING for further information
                           on 0845 408 4392 / 020 7647 3465

Further Information:
      BA Leaflet DB1 – A guide to Industrial Injuries Scheme benefits

ce58945d-b968-4394-b6a9-25ca3434085f.doc                              Updated February 2007 (NLL)

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