work injury claim in iva?

mia1830

Hi,

Just started my IVA last month and what a release it has been. I just have a wee question if anybody knows the answer. My other half had an accident at work a few weeks ago and will be claiming for personal injury, I was just wanting to know if he gets a payment from the insurance company will we have to delclare it as it is for personal injury. Just want to keep ourselves right. I'm sure I will have to but just thought i would ask. Thanks in advance

mia1830

anybody know the answer please

devonshire

I really don't know, but I always think that honesty is the best policy. Tell your IP about it and see what they say. You do not want to be in a situation where they find out about it and then you get into trouble because you didn't tell them.
If you don't tell them, do you really want to be looking over your shoulder all the time, worrying?

mia1830

devonshire wrote: »

I really don't know, but I always think that honesty is the best policy. Tell your IP about it and see what they say. You do not want to be in a situation where they find out about it and then you get into trouble because you didn't tell them.
If you don't tell them, do you really want to be looking over your shoulder all the time, worrying?

Oh i totally agree, the accident only happened a few weeks ago so will be a while before he would get a payout if he does! Just was wondering before hand, always better to be upfront about something rather than it biting you in the bum later. But on the other hand i wouldn't want to give them something they are not entitled to so thats why I'm asking on here 1st

JCS1

Not sure about IVA, but if similar situation when Bankrupt you could keep the element for pain and suffering but any element for loss of earnings would go to the Official Receiver.

Hopefully IVA would be similar.

Charco_2

There are usually two elements to this sort of thing and it can be worth checking out because there is apparently a divide in opinions on this...

The first element is for loss of earnings which will be included into your IVA
The second element is for "pain and suffering" - which used to be straight forward but has been complicated now by greed!

It was generally accepted that pain and suffering payments were exempt, they are exempt in BR so they remained exempt in an IVA. However not all companies play by this rule so you'll have to check with your IP.

I remember a similar post on here a year ago where I had said that it should be exempt but the posters IP insisted on half - which to me was completely wrong: it's either exempt so you pay nothing or it's not exempt in which case it is all subject to the IVA.

Contact your IP anonymously and find out their stance on it - if it is exempt fine n dandy, if it is not exempt then consider is there a specific expense it could go towards rather than simply handing it to your IP. An expense related to the injury would be best really!

Charco_2

Hey JSC1... Great minds n all that!

Was just coming back to clarify, as part of any payout you will be told what percentage of it is for pain and suffering. If not, you'll have to ask...

JCS1

Thanks Charco. You would think that IVA's and BR would be similar, but there are always exceptions to the rule!

mia1830

Cheers folks, I will give my IP a call and see whats what. He won't have any loss to earnings as he has no sick pay and is on light duties at work, so it is going to be about the pain and suffering, more suffering to me lol.

Charco a star as always :T thank you

jasonbrien

Hi.. I am not sure about IVA but you can go for a claim as if you are sure that there was not your fault at all. And you will definitely get a successful award.