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27 January 2012
These are payable if you who have suffered an industrial injury or have a prescribed industrial disease. In addition to a basic disablement benefit there are also additional benefits to cover reduced earnings or the need for constant attendance.
The meaning of 'accident' for industrial injuries purposes is not defined in the legislation, but is defined by case law as 'any untoward incident that is not expected or designed' (Fenton v Thorley & Co, 1903).
An injury inflicted deliberately by someone else can count, e.g. an assault, as long as it was not intended by the victim.
An accident must be an event - or series of events - not a gradual process. It need not be a dramatic or sensational event - quite trivial events can constitute accident if they cause injury.
An internal occurrence such as a hernia, slipped disc or heart attack can also count as an accident.
Incidents causing workplace stress (including words spoken) can be accidents causing psychological injury:
An industrial disease must be on the list of prescribed diseases that are linked with their work in a particular industry or employment. If it is not, you may still be able to identify an incident or series of incidents that triggered the condition and which could constitute an accident?
The list of prescribed industrial diseases is divided into
A Conditions due to physical agents
B Conditions due to biological agents
C Conditions due to chemical agents
D Miscellaneous conditions
Part 1 of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 lists the prescribed occupations and diseases.
You can view the list on the Industrial Injuries Advisory Council website.
Claim from your local Department for Work and Pensions - or you can download forms from www.direct.gov.uk.
If you are a widow or a widower because your spouse or civil partner died of an industrial injury or disease you may be able to get bereavement benefits.
You can find out more detailed information about industrial injuries benefits in Disability Rights UK's Disability Rights Handbook, available to buy at www.radar-shop.org.uk/.
All our publications are available at www.disabilityalliance.org/shop.htm. You can also place an order by contacting Disability Rights UK on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All our factsheets are available at www.disabilityalliance.org/fact.htm.
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