Help with Industrial Accident

[bradreid]

Hello,

 

To cut a long story short I had an accident at work on the 24/10/07 and since then I have had no employment and suffered severe mental problems (meaning Memory loss, Depression, Dizzyness and a few other problems to boot). I have not been in reciept of any benefits also.

 

I have reciecved a letter form the DWP (DL/IP 87) Saying.......

 

 

I am writing to tell you that we have decided the accident you had on 24/10/07 was an industrial accident.

 

We are dealing with your claim for industrial injuries Disablement Benefit at the moment. You will get a letter asking you to attend a medical examination. The examination will take place within 3 months.

 

Blah

Blah

etc

 

Can anyone inform me about what this? Sorry for my ignorance but Im not entirely sure what this actually means!

 

Will it mean that I could be entitled to any benefits Ive applied for from that date, or the Dwp realise I was unable to work due to this and will be credited??

 

Or even take the company to court for damages?

 

Sorry for looking at the financial side but Ive not had any income since 11/07 and a nice payout would be great.

 

Please help

 

Many thanks

[poppynurse]

Have you made a claim against your employer for the accident? They should have nisurance to cover claims. And shouldn't you be getting statutary sick pay from your employer?

[peterlucas]

There is no need to nessecarily claim against your employer, your claim is I take it under the Industiral Injuries Compensation Scheme for Industrial Disablement Benefit. This is in the form of a weekly payment for as long as you are suffering a disablement assessed at at least 14%. You can also sue the company, in which case benefits recieved will be taken from the damages. Essentially, if the DWP pay out, there's no real need to sue in my opinion (and this is not legal advice!). If you do need to, contact your trade union about it.

[bradreid]

Hello

 

Reply to poppynurse

 

I had Two job's, both of which I was unable to work.

My 9-5 job was working through an agency at a production plant. I had only been there approx 4 weeks (sorry but cant quite remember)

 

And my other was working at the local Co-op 6-10 but this was also 6 weeks into my job and under a probationary period.

 

So from what Ive read and been told I cannot get Statuary Sick Pay for either job.

 

Reply to Peterlucas

 

As of yet I have persued no claims against my employer (either the agency, Factory or the shop. To be honest I dont really even know where to begin. But from the moment from the accident I have been unable to work not through choice but fortinatly I have employment now (through the same agency) I would still say im nowhere near 100% fit but you know the score I need to keep food in my belly and a roof over my head so needs must.

 

I was recieving Sick notes from my doctor until the turn of the year but I needed to go back to work to survive.

 

Also With the injury being a bang on the head, how would they be able to prove that it has caused the anguish it has caused me. The only thing is Im now getting migrains every 4-5 days which Im taking Sumitripan for. I have suffered in the past with migraines but not to the frequency Im getting them now. Also when I rest my head on a hard surface I still feel the pain and can tell my skull is not as round as it was.

 

All I want really is for someone to take resopnsibility for what happened as all medical tests I had at the time said I was normal???? I KNOW DIFFERENT THOUGH!

 

Do you think I should persue a No win no fee claim thing or just let this run its course with the dwp to whom i have no confidence in anymore.

 

Thanks so far

 

Brad

[peterlucas]

You could pursue a no win no fee claim, after all you had time off work and you seem to have suffered what is known as Pain, Suffering and Loss of Amenity so could be compensated for that. I would say the best thing would be to talk to a solicitor who offers no win no fee (there will be lots in the phone book). Pick one that looks reputable and have a talk. He will ask you the details and tell you whether or not you have a case. Since its no win, no fee youv'e lost nothing if he tells you you don't have a case. But if you do, its worth pursuing if the DWP don't seem to be dealing with the matter.