Industrial injury benefit ( accident) advice please.

nicurro

Hi , around 18 years ago i had a lifting accident at work which left me with damage to my back & spine.
I never claimed for compensation as i was advised that i would not be able to by the union rep at the time.
This has left me with Lower back pain , walking difficulties etc.
Would i qualify for the Industrial Injury Benefit as from what i have read about it i probably would.
I am in receipt of the lower rate DLA as i require help in the home but i feel that i should be claiming Indutrial Injury Benefit as well.

Please advise me.

suelees1

I think it'll be a struggle so long after the accident. You can claim but any award will only be backdated 3 months (and it will reduce any means tested benefits you get).

You must have been an employed worker and it must be proved the injury happened during the course of your employment. You don't have to show negligence as you would with a civil claim for damages.

You'll be examined and if you're 'lucky' will be given a percentage but you'll only get this benefit if you're considered to have at least 14% loss of faculty.

There are different rates of payment depending on the percentage loss.

It's also a benefit you continue to get even if you return to work.

stazi

For the OP, first things first-
1) Is the employer still in business?
2) Was the accident recorded at the time in the accident book, and is that info still available?

If the answers are both 'yes', then DWP may be able to accept that an Industrial Accident (IA) took place.

If one or both answers are 'no', then I think you'll have difficulty in proving an IA took place.

nicurro

Hi , thanks for that , i just wanted to know if i would qualify not to get it backdated for 18 years.
The injury that i sustained was through work and it was their referral to a Consultant that eventually found a hairline crack on my Spine which they said would never fix itself .
I eventually left that work due to health reasons but was never compensated for the injury.
I am now in a different job but again i have had to go sick because of the Spine / back problem .
I would consider it an industrial injury which i would also say is down to RSI also.
I know that the period for compensation claims is three years but i dont know if their are extentions that could be given to allow a claim even at this late stage.
Any advice gratefully recieved........

Thanks

stazi

nicurro
To help you, can you answer the 2 questions in post#3?

bunny999

The employer would have to agree that there was an accident and that it caused your injury.

nicurro

Hi , yes i can answer both questions with yes.
The information may be available from the employer but i do not know for sure.
The employer is still in Business.
My GP & the consultant i saw when i found out would also have recorded this information i believe, would this be accepted by the DWP.

Thanks

stazi

It's not your GP's records DWP need to verify- it's your employers. Your GP's records do not prove your injury was sustained during an accident whilst employed.
I suggest you contact your employer about this to see what info they may still have, possibly in your personal records.

suelees1

nicurro wrote: »

Hi , thanks for that , i just wanted to know if i would qualify not to get it backdated for 18 years.
The injury that i sustained was through work and it was their referral to a Consultant that eventually found a hairline crack on my Spine which they said would never fix itself .
I eventually left that work due to health reasons but was never compensated for the injury.
I am now in a different job but again i have had to go sick because of the Spine / back problem .
I would consider it an industrial injury which i would also say is down to RSI also.
I know that the period for compensation claims is three years but i dont know if their are extentions that could be given to allow a claim even at this late stage.
Any advice gratefully recieved........

Thanks

Any award will only be backdated for 3 months

Not sure what you mean about RSI - do you mean this is another injury ?

stazi

RSI=Repetitve Strain Injury.
I don't think that RSI would treated as an Industrial Accident or Disease by DWP.

suelees1

I know what it is stazi it just wasn't clear what the OP meant about the back injury "...being down to RSI also..."

You could claim IIDB for it but again any award would depend on the percentage assessment.

People can claim for more than one injury or disease nd the assessments can be added together. This is why it's always important to put everything in the accident book at work and make a claim.