Claiming benefits after an accident or disease under the Industrial Injuries Scheme.

If you are injured or made ill from work you may be able to claim benefit even if you are still working. Industrial Injuries Disablement Benefit is for people who are disabled as a result of: -

• An accident at work (i.e. any unintended happening or incident at work that arose out of and in the course of their employment)
• Contracting a prescribed disease through their employment. Currently there are over 70 prescribed diseases listed in the regulations.

This is a 'no fault' scheme. So, unlike where you claim compensation from your employer in the courts, you do not have to prove that your employer was to blame. For most diseases you must show that you worked in a certain occupation either when the disease started or for a certain length of time before. Unfortunately, because of the way the scheme operates many common illnesses, such as stress, are not compensated for.

A full list of the prescribed diseases can be found in leaflet DB1, accessed from the internet by clicking here. This is a very useful guide to the whole scheme.

Disablement Benefit is paid to what are called 'employed earners', so although most workers are covered, it is not payable to the self-employed.

Disablement benefit claims are processed in regional centres throughout the country. To make a claim, you should contact your local Social Security office and they will arrange to send a form out to you. Their address can be found in the telephone book. It is important to note that the regional centres do not have caller facilities.

Alternatively, the Benefit Enquiry Line (BEL) on 0800 88 22 00 will supply the address and telephone number of the appropriate regional centre. The BEL also offer help in completing the claim form.

Additionally, most forms can be downloaded from the internet by clicking here where you can download an appropriate claim form.

If you are assessed as being disabled then, for most diseases, you will only get benefit if you are assessed at 14% disabled or more. In the case of certain chest and lung diseases benefit is paid below that and for hearing loss you must show at least 20% disablement. This means that if you get assessed as less than that amount you will not get benefit, although you will be able to claim again if your condition worsens.

Claim Forms.

Accidents. If you just wish to have an accident registered, ask for form BI95 application for an Industrial Accident Declaration (This is not a claim for benefit) .

If you wish to claim Disablement Benefit for an accident, ask for form BI100A - Claim for Disablement Benefit for an Accident at work .

Prescribed Industrial Diseases.

If you are claiming for a prescribed industrial disease, you should complete the appropriate form. There are a number of specific forms and the relevant details can be obtained from the BEL or a local Social Security office.

Reduced Earnings Allowance.

If you cannot return to your usual work or work with similar pay because of an accident or disease caused by work which occurred before 1 October 1990, you may be able to claim Reduced Earnings Allowance. Ask for form BI103 - Claim for Reduced Earnings Allowance.

Further Advice.

For help or assistance after an injury or illness then you should contact your union who may be able to advise you on making a claim, seeking other compensation and other benefits.

If you visit your GP and you think there as any possibility that your illness may be related to your work, please make sure they know what kind of work you do. Always remember to ensure that any injuries or illnesses that you think may be caused at work are notified to your employer.

Fact sheet (700 words) issued 27 Jul 2005