See if you qualify to claim industrial injuries benefit
Before learning how to make a claim, you should have a clear idea about these benefits. Also known as IIDB this kind of benefit is defined as the extra money that an employee is entitled to receive after becoming ill or disabled due to a disease or a mishap related to his/her workplace.
The term ‘accident’ here implies a single incident or a series of incidents taking place at work that resulted in personal injury of the employee in question. These incidents are not deliberate at all, which is why they are termed as ‘accidents’. The term ‘diseases’ in the context of IIDB refers to illnesses developed at the workplace. Some of the common work-related diseases for which people get claims are asthma, deafness, chronic bronchitis, lung diseases, vibrating white fingers and so on. In order to receive the benefit, the employee’s disablement percentage should be at least 14% in case of accidents and 1% in case of diseases on a scale of 1-100%.
In order to get the IIDB a working professional in the UK must fulfil the following criteria:
– He/she must be employed or under an approved employment training course or scheme in Great Britain at the time of accident or acquiring the disease
– He/she must have got the disease/accident at the workplace or office, which should be in England, Wales or Scotland
Amount of Benefits Claimants Get In case of Accidents
In case you find out that you are eligible for receiving industrial injury benefit because of an injury at work then you should not delay in filing for IIDB because you may lose out on certain benefits if you wait too long. Also, the level of disability of the applicant, which is decided by the medical advisor working for the government, generally under the DWP or Department for Work and Pensions, plays an important role in determining the amount of benefit he/she receives. The following is a table that serves as a guide for all qualifying to receive IIDB:
Assessed Percentage of Disablement Amount Received per Week
- 100% £166.00
- 90% £149.40
- 80% £132.80
- 70% £116.20
- 60% £99.60
- 50% £83.00
- 40% £66.40
- 30% £49.80
- 14-20% £33.20
Assessed Percentage of Disablement Amount Received per Week
- 11% to 19% £33.20
- 1% to 10% £22.20
- Whether you are working or taking sick leaves from work after your accident or after acquiring the disease
- Whether or not you have savings in your bank
- Whether or not you have paid National Insurance contributions
In case of Accidents at Work
Accidents at work (read our full guide here) which are eligible for getting the IIDB are of two types: one that occurs at work and one that occurs in the course of the applicant’s work. The latter can be an accident that took place while traveling because of business reasons. In any case, after an accident takes place, the employee should complete an accident record and maintain the same in the accident book of the company. This entry can be done retrospectively but ideally the victim of the accident should get it done as quickly as possible after the accident. It is also wise for the employee to keep a copy for his/her records.
Next, it is time to fill up form Bl100A issued by the Government of UK for claiming IIDB for an accident caused by work. By filling up the form, you will be registering a claim therefore it is best to do this as soon as possible because your claim will take time to get approved.
Other Important Information Pertaining to Claims for Accidents at Work
It is necessary that the employee should claim within two months after the date on which the accident occurs. During the first ninety days (excluding Sundays) or fifteen weeks after the accident, one would not be receiving the benefit because the medical examinations generally take place after this period.
Most people make the blunder of delaying the process of claiming for IIDB because they waste time in trying to gather new medical evidence. One should ideally register the claim the moment one has any relevant medical evidence, this evidence can be sent along with the claim form. The claimants would get maximum benefit for making the claims on time since, as mentioned above, a delay in the claiming process can cause the claimant to lose some benefits.
Sometimes, people miss getting the benefits that they are entitled to because they are under the impression that the accident was not serious. This is the reason why it is advisable to register an accident report with the employer and submit Form Bl100A along with the necessary medical evidence if one has a hunch that one qualifies for the same. After the IIDB centre receives the duly filled up form Bl100A, they will look into the incident and contact the employer to find out whether the ‘accident’ that took place can be categorised as industrial injury or not.
Contrary to the common misconception, the IIDB centre and the claim system do not attribute responsibility for the said accident in any way. Therefore, the employer does not have to be at fault in order for the applicant to receive the benefit. Benefits will be paid by the Government of UK to the qualifying applicants, i.e. applicants with 14% disablement percentage or more. The benefits are usually awarded for a set period after which the individual will have to be reassessed again. For individuals who disagree with the medical advisor from DWP, appeals can be made but it should be submitted on time, i.e. within one month after the accident date.
In case of Diseases caused by Work
The IIDB scheme of the Government of UK covers more than seventy diseases caused by work. The most common diseases are deafness, asthma, emphysema or chronic bronchitis, Vibration White Finger or Prescribed Disease A11 and pneumoconiosis, which is a type of lung disease caused by inhaling mineral dust in excess. Apart from these common ones, the scheme also pays for asbestos-related diseases such as:
- Diffuse Mesothelioma
- Pneumoconiosis caused by asbestosis
- Unilateral Diffuse Pleural Thickening
- Bilateral Diffuse Pleural Thickening
- Primary Carcinoma of the lung with asbestosis
- Primary Carcinoma of the lung without asbestosis. In this case, the individual has to have extensive occupational exposure to asbestos, which is the case in specified occupations.
Diseases caused by radiation, exposure to certain dangerous chemicals and exposure to certain biological agents like organisms, plants and animals are also covered under the scheme. Another common disease for which claims are filed is Carpal Tunnel Syndrome, this is generally acquired by employees working with hand-held powered tools that have internal vibrating parts.
Sometimes there are rare or exceptional cases wherein individuals qualify for benefits over and above the industrial injuries benefit. Needless to say, in order to receive these benefits the individuals have to qualify for IIDB first. This is possible in case of individuals requiring daily care and medical attention or individuals who are assessed as 100% in terms of percentage of disablement. In such cases, the individuals get CAA or Constant Attendance allowance which can be classified into the following four rates on a weekly basis:
- Part-time Rate: £33.20
- Normal Maximum rate: £66.40
- Intermediate rate: £99.60
- Exceptional rate: £132.80
Individuals qualifying for the intermediate and exceptional rates also have chances of getting the Exceptionally Severe Disablement Allowance from the UK Government.
Other Important Information Pertaining to Claims for Diseases Acquired Because of Work
While the UK Government may have a set list of more than seventy prescribed industrials diseases for which benefits can be obtained, there can be exceptions as well. In other words, individuals whose conditions are not prescribed or listed may also qualify for getting the benefit under the ‘accident’ provision. This is because the catching of a disease can be counted as an industrial accident.
Different groups of diseases have different forms; for example: occupational asthma, occupational deafness, occupational dermatitis, repetitive strain injury at work and so on. Therefore, it is necessary to acquire the correct Bl100PD form when making a claim. A useful reference for individuals making claims for IIDB caused by industrial diseases would be the DB1 leaflet issued by DWP, which is just like a technical guide.
Individuals who have a hunch that they have contracted or developed industrial disease(s) because of the work they do must seek immediate advice from their GPs or General Physicians and the IIDB Centre.
Also, it is important to remember that the rules will vary from one industrial disease to another. In case of asthma, claims can be made only in case of employees who have worked for ten years. Such individuals will need to undergo a medical examination to determine the severity of their disability and how long the disability is expected to last.
For individuals with emphysema or chronic bronchitis or both, it is mandatory for them to have worked underground in a coal mine and the work must have lasted for a minimum of twenty years; this is not limited to a single employer, it can be more than one employer but the duration has to be twenty years or more.
Individuals who are experiencing deafness because of work should have worked under the responsible conditions for a period of ten years at least. Also, the individual has to undergo a hearing test wherein the hearing loss in the test results should be at least fifty decibels in each ear due to the damage caused to the inner ear. In case only a single ear is affected then the reason should be noise at work. Also, the individual should make the claim within five years after acquiring deafness. Individuals who work closely with employees who are deaf due to their work also qualify to get such benefits.
Individuals who have developed pneumoconiosis, including asbestosis and silicosis, should have worked in jobs that exposed them to dust in order to qualify for receiving the benefits. In such cases, a chest x-ray is generally taken and the individual has to under a medical examination in order to test the severity of his/her condition.
Individuals with tenosynovitis have to work in a job that involves manual labour or repeated movements of the hand and wrist. As with all diseases, these individuals have to undergo medical check-up in order to determine whether they have acquired tenosynovitis or not, the severity of the disease and the expected duration of time the disability would last.
For Vibration white finger cases, the employees must have worked in conditions that are known to cause this industrial disease. The amount of benefit that the qualifying individual gets depends upon the number of fingers affected and the severity of the affliction.