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If you’ve been involved in any type of industrial injury or illness that wasn’t your fault, then it’s perfectly understandable that you’ll have lots of questions and concerns. When it comes to managing claims, the team here at Smith Jones Solicitors are not only experts in the field of personal injury law, but they’ll also assist you with any queries you might have – for instance, providing information about the various types of support you can claim following an industrial injury or disease.
What Might I Be Able to Receive?
There are many different types of claim which you are able to make – for example, you may be able to claim Industrial Injuries Disablement Benefit. This can be claimed if you become ill or disabled as a result of an accident or disease either at work or on an approved employment training scheme. In either eventuality, the accident must have occurred in England or Wales and you must be employed at the time the incident occurred (i.e. not self-employed).
The amount you might be able to get depends purely on the level of your injury (or disability) and this will usually be assessed by an independent medical advisor (which we can arrange for you to attend as part of the claims process).
During your medical appointment, the assessment will be used to determine how the accident or disease has affected your physical wellbeing. Typically, if you’re assessed as being 14% disabled (or more) then you’ll be entitled to claim benefits from the Government. These amounts currently range from £34.96 per week (for a 20% disability assessment) right through to £174.80 per week for full disability [source].
What is Meant by a ‘Disease’?
The Injury Disablement Benefit currently recognises over 70 different diseases including asthma, deafness, vibration white finger and asbestos-related diseases, such as diffuse mesothelioma. You can get a full list of recognised illnesses from your regional Industrial Injuries Disablement Benefit Centre.
How Do I Make a Claim?
It is a simple process, you’ll simply need to complete a form and follow the guidance which you’ll receive with it. For accidents at work, you need to complete Form BI100A or for diseases, it’s Form B1100PD. For help with making your claim click here
Can I get help with anything else?
You may also be able to claim other Government benefits such as:
Constant Attendance Allowance
For example, if your disability is assessed at 100% and you need daily care and attention from a carer. The amount you’ll be entitled to will be determined once your specific needs have been assessed, so it’s almost impossible to give an accurate figure for this particular benefit type.
Exceptionally Severe Disablement Allowance.
This is usually paid at £69.90 in addition to the Constant Attendance Allowance if you’re assessed as needing permanent constant care and attention as a result of the accident or disease.
Reduced Earnings Allowance
If your disability or injury began before 1st October 1990 – or you’re unable to perform your job role because of an accident or disease – then you may be entitled to claim a Reduced Earnings Allowance. This allowance is payable at a rate of up to £69.92 per week.
Lump Sum Allowance
You may also be entitled to receive a lump sum payment if you’re assessed as having one of the following diseases:
- Diffuse mesothelioma
- Bilateral diffuse pleural thickening
- Primary carcinoma of the lung (when accompanied by asbestosis or bilateral diffuse pleural thickening)
However, in order to receive a lump sum payment for any of the above conditions then you must meet all of the following conditions:
- Your dust-related disease must have been directly caused by your employment (and you must be able to prove this)
- You must be in receipt of the Industrial Injuries Disablement Benefit
- You must make your claim within 12 months of the decision awarding the Industrial Injuries Disablement Benefit
- You mustn’t be taking any civil action because your former employer has ceased trading (for whatever reason that might be)
- You mustn’t have brought a Court action or received compensation from an employer in respect of the disease.
Diffuse mesothelioma payment
If you’re not eligible to make a claim under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, then you may be able to receive a diffuse mesothelioma payment (also referred to as the ‘2008 scheme’). This applies if you came into contact with asbestos whilst you were self-employed or alternatively, through a family member.
Is there anything else I need to be aware of?
Yes. You’re still entitled to claim other Government benefits whilst in receipt of the Industrial Injuries Disablement Benefit – for example, your State Pension, Incapacity Benefit, or Contribution-based Jobseekers Allowance. However, it may affect certain other claims, such as Income Support, Housing Benefit and Universal Credit. For this reason, it’s always advisable to speak to someone at your local Jobcentre or benefits office to ensure that you get the very best advice.
Will you be able to help me?
Absolutely. The team at Smith Jones Solicitors are highly experienced when it comes to looking after both your claim – and you. Not to mention your family, and we can also advise on how various benefits might be able to assist you during any period of rehabilitation.
For further information why not call us now on Freephone 0800 195 95 90 and talk to us about how we can help you get back on the road to recovery? We’re pretty sure you’ll be glad you called!