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IIDB

24

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  • peteuk
    peteuk Posts: 2,325
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    Was this an MOD hospital in the UK, providing NHS care to locals, or were you working with the MOD and treated in an MOD hospital over seas.

    Given its 35 yrs ago, and appears not to be work related, then you may have difficulties proving anything. What was the drug? Did they know the potential issues?

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  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    There is NO time limit for claiming IIDB !

    That's not the problem - the problem is whether it is an eligible claim based on the actual place where I had the accident..


    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    edited 17 September at 1:11PM

    No - my GP is totally unaware of the accident - I have medical records in their thousands from the time from specialists in London etc - SARS are pretty useful.


    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    it was a UK military hospital - I was "ordered" to attend

    I was a MOD employee and the drug was a known drug with known side effects


    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    A few people have the idea that you can only claim IIDB if the accident happened at the workplace.
    That’s simply not what the rules say.

    Here’s the actual position, straight from the Industrial Injuries Disablement Benefit guide and the legislation behind it.

    1. IIDB does NOT require the accident to happen at the workplace

    The official guidance defines an industrial accident as:

    “any unintended happening… that has arisen out of and in the course of your employment.”

    Notice what’s not there:
    There is no requirement for the accident to be on employer premises.

    2. The rules explicitly allow accidents away from the workplace

    The guide explains:

    “Generally an accident which happens when you are at work is accepted…Whether or not you are considered to be at work depends on the circumstances.”

    This means the test is legal status, not location.

    3. The rules list several situations where an accident AWAY from work is still covered

    The guide states an accident can be treated as “at work” if it happened:

    • because you were doing something you were employed to do
    • because your work put you at special risk
    • while helping in an emergency
    • while in employer‑provided transport
    • while doing something closely related to your employment
    • even if breaking a rule, if still for employer’s business
    • if caused by another person’s behaviour (e.g., skylarking)

    None of these require being on work premises.

    4. The rules also allow delayed injuries

    The guide says:

    “It does not matter if the effect of the injury is immediate… or delayed.”

    This is important because some injuries (like toxic/metabolic collapses, medication reactions, chemical exposures, etc.) happen after the work‑related cause.

    5. So the real legal test is simple

    You can claim IIDB if:

    • the accident arose out of your employment,
    • or it happened in the course of your employment,
    • regardless of location.

    That is the law.

    6. How this applies to my case

    My collapse happened at home, yes —
    but it was caused by MOD‑prescribed Antabuse, given during a mandatory MOD course, and administered under MOD instruction.

    That fits the rule:

    “arisen out of… your employment.”

    And the rule:

    “It does not matter if the effect of the injury is delayed.”

    So the location is irrelevant.
    The cause is what matters — and the cause was employment.


    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
  • Woodstok2000
    Woodstok2000 Posts: 2,191
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    I'm not saying there is a time limit, just that the further you get from the original event the more difficult it will be to clearly demonstrate the link between your employment, the accident, and any subsequent effects. You are already seeing this with the MOD issue with your medical records.

    I am not taking sides, or making any judgement on the merit of your claim, just trying to give you advice and point out hurdles you are likely to encounter.

    If you were forced to take antabuse as a standard condition of employment, and not given any relevant information about potential side effects or risks, then clearly you may have some kind of claim.

    If the antabuse was part of a treatment program offered by your employer as part of a rehab program that you enrolled on voluntarily in order to remain in employment, and you were given the relevant information around side effects and risks before taking it, that claim becomes much less clear.

    The difference between those two scenarios is pretty slim, and your view will undoubtedly be different to that of the MOD. Proving your view over that of the MOD will rely on evidence from the time, which is going to be difficult this far on.

    • Can you show you have ongoing impaired faculties?
    • Can you show those impairments are directly related to the antabuse?
    • Can you show that the antabuse was taken as part of your employment, as standard?

    If the answer to all three questions is 'yes', then follow the link earlier in this thread and start your claim.

  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
  • peteuk
    peteuk Posts: 2,325
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    edited 17 September at 10:36PM

    Not sure how a civilian was “ordered” to attend. I worked at a military hospital in the late 90’s seeing NHS patients. Their notes were NHS notes and kept by medical records. If Truly a civilian the MOD wont have your records, the NHS will, hence why the MOD can’t find them.

    As an MOD employee (unless Serving Armed Forces) you were still under the care of the NHS. Your GP would have been a civvie.

    Not sure this all adds up, again you’ll find it difficult to prove and such a long time ago. Does your current Gp have your notes from back then, there would have been a discharge letter, with full list of medication sent to them. If the drug was/is widely used in certain procedures then you’ll have an even harder battle to prove anything, was it misused or misprescribed? For me if the answer is no then youve an uphill battle.

    Proud to have dealt with our debts
    Starting debt 2005 £65.7K.
    Current debt ZERO.
    DEBT FREE
  • MouldyOldDough
    MouldyOldDough Posts: 3,404
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    edited 18 September at 10:52AM

    I was working for the Navy as a civvy - things get extremely complex so you'll just have to accept what I am saying !

    The drug was used fairly commonly then - but now its not !

    The NHS does NOT have my records from 1990 !


    If I was half as smart as I think I am - I'd be twice as smart as I REALLY am.
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