Compensation lost

tenbylc

Hi, about 5 years ago I was injured in work due to my employer not having the correct safety equipment. I now have a back injury that will likely be for the rest of my life. I am only just trying to find work again. I took my employer to court and very long story short, I was awarded 22,000 in an out of court settlement. Now of this, I got 2000. I was told this was to cover the ESA payments that I had been on since the accident. But surely ESA is covered by national Insurance right? I have worked since I was 13 and have paid NI since I was 16. Can anyone clear up for me why I was only given a small percentage of my compensation which could have gone towards my recovery, when NI says it covers sick pay? 

Thankyou 

[Deleted User]

tenbylc said:

Hi, about 5 years ago I was injured in work due to my employer not having the correct safety equipment. I now have a back injury that will likely be for the rest of my life. I am only just trying to find work again. I took my employer to court and very long story short, I was awarded 22,000 in an out of court settlement. Now of this, I got 2000. I was told this was to cover the ESA payments that I had been on since the accident. But surely ESA is covered by national Insurance right? I have worked since I was 13 and have paid NI since I was 16. Can anyone clear up for me why I was only given a small percentage of my compensation which could have gone towards my recovery, when NI says it covers sick pay? 

Thankyou 

 It's right that hey deduct benefits payments. Yes esa, if on contributions based, comes from paying NI but that doesn't mean your NI was saved to pay it. It went into a pot and what you got came from the public purse and you might have got more than you paid in. 

poppy12345

tenbylc said:

Hi, about 5 years ago I was injured in work due to my employer not having the correct safety equipment. I now have a back injury that will likely be for the rest of my life. I am only just trying to find work again. I took my employer to court and very long story short, I was awarded 22,000 in an out of court settlement. Now of this, I got 2000. I was told this was to cover the ESA payments that I had been on since the accident. But surely ESA is covered by national Insurance right? I have worked since I was 13 and have paid NI since I was 16. Can anyone clear up for me why I was only given a small percentage of my compensation which could have gone towards my recovery, when NI says it covers sick pay? 

Thankyou 

Yes it can, even if you're claiming Contributions based benefits. If you're claiming the ESA because of your injury, which i suspect you are. https://www.gov.uk/government/publications/compensation-social-security-benefits-and-lump-sum-payments-technical-guide/compensation-social-security-benefits-and-lump-sum-payments-technical-guide-html-version

Have you:

• claimed or received compensation?
• received a social security benefit or lump sum payment because of your accident, injury or disease?

If yes to both, the compensator has to pay back to the DWP the amount of social security benefit or lump sum payment you have received as a result of your accident, injury or disease.

If you have had an accident, the amount they have to pay equals the total amount of benefit you are paid from the day after the accident or injury up to the date of the final compensation payment or for up to 5 years – whichever is earlier.

If you have claimed benefit because of a disease, the amount the compensator has to pay is worked out from the day you first claimed a benefit because of the disease up to the date of the final compensation payment or for up to 5 years – whichever is earlier.

If you have claimed a lump sum payment because of a dust related disease, the amount they have to pay is the equivalent to the total amount of the lump sum or the gross amount of the compensation award, which ever is the least.

The person or organisation who pays your compensation may, in certain circumstances, reduce the amount they pay to account for any monies they are required to pay to the DWP. See which benefits count and which lump sums count.

Pok3mon

If you was that badly injured I would have expected more than 22k if it is lifelong. Compensation for injury is to cover costs and lost of income so esa was in theory a loan.