Bulletin (SB16-109) Vulnerability Summary for the Week of April 11, 2016 Original release date: April 18, 2016 Academia.edu is a platform for academics to share research papers. Industrial Injuries Disablement Benefits: technical guidance. About this guide. This is one of several guides that give detailed information about social security benefits. It is intended for professional advisers and members of the public who want to know more about benefits for people who are disabled as a result of injuries or diseases arising from work. This guide and the law.
The guide gives a detailed explanation about benefits for people who are disabled as a result of accidents or diseases arising from work. It cannot cover every situation or problem, or provide a full interpretation of the rules in all cases. So it must not be treated as a complete and authoritative statement of the law. The basis of the law for these benefits is contained in the Social Security Act 1. Social Security Contributions and Benefits Act 1. Social Security Administration Act 1. These Acts provide the framework for the detailed rules contained in regulations and orders made by the Secretary of State and approved by Parliament. In the text there are references to the relevant Acts, Regulations or Schedules to allow you to consult the legislation. These documents are listed in further information which tells you where you can consult them. Introduction to the Industrial Injuries Scheme. The Industrial Injuries Scheme provides non- contributory no- fault benefits for disablement because of an accident at work, or because of one of over 7. The scheme also covers people working on approved employment training schemes or courses. If this happens, the person appointed is responsible for dealing with all your social security affairs, including claiming and receiving benefits. They are also responsible for notifying any changes of circumstances which may affect your benefit. Please ask them to help you with this. Industrial Injuries Disablement Benefit. Eligibility. Industrial Injuries Disablement Benefit is a weekly benefit paid to people who become disabled because of an accident at work or due to certain prescribed diseases caused by their job, or whilst working on an approved employment training scheme or course. Legislation (1. 1) - SS (Employed Earners Employment for Industrial Injuries Purposes) Regs 1. Sched 1 Part 1 & Sched 3)people who were on an approved employment training scheme or course when the accident or event happened. How to claim Industrial Injuries Disablement Benefit. You do not need to have paid any NI contributions in order to claim Industrial Injuries Disablement Benefit. If your accident or disease is caused by self- employed work or employment not treated as employed earner’s employment, you are not covered by the scheme. You cannot get industrial injuries benefits for accidents which occur or diseases contracted while serving in HM forces. You may be able to get compensation through the War Pensions Scheme or Armed Forces Compensation Scheme. If you dispute a disallowance, your papers will be sent to the Inland Revenue for a formal decision on employed earner’s employment. You must normally have had the accident or got the disease in Great Britain, but you may still get benefit if: you were a mariner, airman, worked on the continental shelf of the United Kingdom, or worked in another European Union (EU) country or Norway (Legislation (1. SS C& B Act 1. Legislation (1. 4) - SSB (PA) Regs 1. Class 1 NI contributions for you while you (Legislation (1. SS Contributions Regs 1. Class 2 contributions as a volunteer (Legislation (1. SSB (PA) Regs 1. 97. Great Britain has an agreement covering industrial injuries. Obtaining a claim form. Obtain a claim form from Barnsley Industrial Injuries Disablement Benefit Centre. They can be contacted on 0. You can also download the forms from the Industrial Injuries Disablement Benefit guide. The claim packs are: BI 1. A, Industrial Accidents. BI 1. 00. PD, Prescribed Industrial Diseases. When to claim. If you think you have a disease caused by your job or whilst working on an approved employment training scheme or course claim Industrial Injuries Disablement Benefit straight away. If you have an accident, claim 2 months after the accident. This is because you cannot get benefit for the first 1. Sundays) after your accident and you will not normally be medically examined until after this time. If you have any relevant medical evidence, or a copy of your accident report, send it with your claim form but do not delay claiming by trying to get a fresh report. Do not delay claiming. If you do you may lose some benefits. This is because Industrial Injuries Disablement Benefit cannot be paid: for a period more than 3 months before the date of your claim (Legislation (1. SS (C& P) Regs 1. Sched 4)more than 1 month before the date of claim, if you are already receiving Industrial Injuries Disablement Benefit for other accidents or diseases. It is very important that you fill in all the details on the form carefully and return it to us as soon as possible. Details of where to send your claim form are in the BI1. A Notes. Industrial accidents. An . It does not matter if the effect of the injury is immediate (for example, if you break your leg in a fall) or is delayed (for example, a blow to the knee which leads to impaired mobility at a later time). Generally an accident which happens when you are at work is accepted as having happened as a result of your work, unless there is some evidence that this is not so. Whether or not you are considered to be at work at a particular time depends on the circumstances in each case. For example, you cannot normally be regarded as being at work when you are travelling to or from work, but you may be if you are in transport provided by your employer. If you do you may lose some benefits. This is because Industrial Injuries Disablement Benefit cannot be paid: for a period more than 3 months before the date of your claimif you are already in receipt of Industrial Injuries Disablement Benefit for other accidents or diseases, more than 1 month before the date of claim (Legislation (2. SS (C& P) Regs 1. Sched 4)How to claim. Obtain a claim form BI1. A from Barnsley Industrial Injuries Disablement Benefit Centre. You can also download the forms from the Industrial Injuries Disablement Benefit guide. The date of your claim is the date your fully completed claim form is received in an office of the DWP. It is very important that you carefully fill in all the details on the form and return it to us as soon as possible. Details of where to send your claim form are in the BI1. Notes. They will normally write to your employer/training scheme provider to verify the accident. Confirmation is needed of the following: the time, date and place of the accidentthat the accident arose out of and in the course of your employment or whilst on an approved employment training scheme or coursethat your employment was employed earner’s employment or on an approved employment training scheme or coursethat the employment was in Great Britain or was covered by special provisions. The accident must have happened in the course of your employment while you were doing anything which: (Legislation (2. SS C& B Act 1. Once the decision maker has accepted that you have suffered an industrial accident, you will then be asked to attend a medical examination. You will be told what out- of- pocket expenses you can claim. If you are not fit to travel alone, someone can travel with you. You should give full details of why you are unable to attend at a Medical Boarding Centre. The medical examination will be held in private but you may be able to take a companion if the doctor allows it. Occasionally you may be asked if an observer can be present. You can give the doctor any evidence which was not included with your claim form, if you think it will help them to give an opinion on your disablement. If you have attended a hospital following an industrial accident, the doctor may seek further information from the hospital. Hospital case notes may be requested by the doctor to assist in giving an opinion. The doctor could also ask for a report from your GP. The doctor will take a statement from you and send a written report to the decision maker based upon the examination and any other medical evidence. The doctor will give an opinion on whether you have suffered a loss of faculty as a result of the accident and, if so, advise on the level of your disablement and how long it is expected to last. The doctor will also provide an explanation for the decision maker about how they arrived at that opinion. What is a loss of faculty? Loss of physical or mental faculty means some loss of power or function of an organ of the body. Loss of faculty can include disfigurement even when this causes no bodily handicap. Whether a loss of faculty results in disability is decided by comparing your condition as a result of the accident with the condition of a normal healthy person of the same age and sex. For example, for serious disablement such as loss of both hands or loss of sight the degree of disablement is 1. The percentages listed in Regulations for different disablements is in Appendix 2. Where your disability also results from some other cause which arose before the accident, the degree of disablement which would in any event be present due to that other cause is not counted, but the interaction between the 2 causes is included in the assessment. For example, a miner who has had considerable trouble with his back for many years and who is known to have lumbar spondylosis, injures his back lifting a heavy weight at work. The doctor considers a gross assessment of disablement for injury to the spine and deducts an amount for the disablement already present due to the earlier back problems. After the industrial accident he was involved in a traffic accident and fractured his left collar bone. The doctor considers an assessment of disablement for injury to the forearm and if that assessment is over 1. You may be given a .
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