Industrial Injury Tribunal

In 1970 I severely injured my back and was awarded 30% Industrial Injury. In 1981 I was given a Myelogram to view the X-ray more clearly. In the next 30 years the pain got worse and I had to give up work at 61. After 18 months Guys Hospital found I had Myodil induced Arachnoiditis and am now in severe pain and disabled for the rest of my life.
I put it to the DWP that if the Myelogram had proved sucessful and the operation cured the back problem they would have reduced the benefit or stopped it, but it did not and I asked for an increase in the percentage which they to date have refused and I now have to go to a tribunal even after compelling medical evidence.
Am I wasting my time?

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shortswood wrote:

In 1970 I severely injured my back and was awarded 30% Industrial Injury. In 1981 I was given a Myelogram to view the X-ray more clearly. In the next 30 years the pain got worse and I had to give up work at 61. After 18 months Guys Hospital found I had Myodil induced Arachnoiditis and am now in severe pain and disabled for the rest of my life.
I put it to the DWP that if the Myelogram had proved sucessful and the operation cured the back problem they would have reduced the benefit or stopped it, but it did not and I asked for an increase in the percentage which they to date have refused and I now have to go to a tribunal even after compelling medical evidence.
Am I wasting my time?

You can ask for the original award to be looked at again on the grounds that the condition has got worse.
Be warned though that the tribunial can actually lessen the percentage you recieve as well as giving you more.
You must prove that your condition has got worse and is more disabling than the original decision.
Is it possible for you to get advice from Welfare Rights or CAB,or perhaps a union rep could help.
At the tribunial they will want to know why in your opinion your condition is worse now than in the past and how the condition affects your daily life.
Think carefully how you answer this.
For instance you might be only be able to walk a short distance then have to stop because of severe pain in back where before you could walk further,
Or you might be only able to stand for ten minutes then have to sit down because of severe pain in back where before you could stand longer.
Or before you might have been able to help with household chores and gardening where now this has become to painful to do.
You might need help with things that you could do but cant anymore things like help with dressing washing ect.
You might have to have increased your medication because of more pain in back.
The tribunial will be looking for loss of faculty like painful and rescricted movement.
Make a list of things that you cant do or struggle to now that you could do in the past.
I am speaking has someone who has got Industial Disablement Benefit.
This though is only my opinion and is NOT advice.

Good Luck.

please read my post no 54702 from 6weeks ago

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=54082#54702

Many thanks for your input, it will help me a lot.

Ron.