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industrial disablement benefit (accident)

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12 years 11 months ago #56281 by jaxw17
Hi
my husband has had a serious accident at work he fell 15" when a safety rail gave way. He had multiple injuries but the enduring one is that he has ruptured a muscle in his shoulder. And he has lasting pain in hip.
He is to be operated on for the shoulder but has already been told that it will be 9 months before he can use it and the likelyhood is that it will not be right after and he will never be able to lift over 20kg again. there is also a 1 in 3 chance that it will rupture again. His occupation is an engineer.
Work sent him the forms to fill in for the industrail injuries benefit.
We have just got a letter for him to attend an ATOS medical on Tuesday. I am on DLA and know what these are like !!!!!
I must admit I dont know anything about this benefit or what to expect at the medical can anyone help me has anyone any knowledge of this benefit
Thanks

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  • RachelPotter
12 years 11 months ago #56282 by RachelPotter
Replied by RachelPotter on topic Re:industrial disablement benefit (accident)
Hi Jax, just incase it's important for form filling, do you mean he fell 15 foot?

Sorry if I sound pendantic but I don't want to see either of you being picked up for it at ATOS.

Best wishes,
Rachel

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  • The Thing
12 years 11 months ago #56344 by The Thing
Replied by The Thing on topic Re:industrial disablement benefit (accident)
The amount of Industrial Disablement depends on the percentage disablement that the injury or disease causes. A claimant does not have to be unable to work, but does need to be assessed as at least 14% disabled to receive anything - except for sufferers from pneumoconiosis, byssinosis and mesothelioma.

Some injuries (loss of body parts) have a fixed percentage. Anything that does not carry a prescribed degree of disablement (e.g. most diseases) is given a figure by the BAMS doctor, which should reflect the relative values on the prescribed list. The decision of the doctor is reviewable by another doctor/board of doctors or appealable to a Tribunal. Other evidence can also be considered apart from the medical.

An assessment of 14 to 20% will be rounded up to 20%. Above 20%, the assessment is rounded to the nearest 10%. Assessments can be provisional or final, and made for a fixed period or life. The assessment can be reviewed if the claimant thinks it is wrong, the time limit is wrong or there is “unforeseen aggravation” of an injury or “recrudescence” (i.e. a new attack) of a disease.

More here

www.dwp.gov.uk/publications/specialist-g...ndustrial-accidents/

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12 years 11 months ago #56349 by Gordon
jaxw17

Despite searching the DWP site and the internet in general I haven't been able to find any details of the medical your husband might face.

A couple of links that might be of help

www.direct.gov.uk/en/MoneyTaxAndBenefits...edpeople/DG_10018839

www.dwp.gov.uk/publications/specialist-g...industrial-injuries/

Several sites have recommended the CAB as an organisation that help with these claims, so it might be worth your while contacting them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • originaldave
12 years 11 months ago #56351 by originaldave
Replied by originaldave on topic Re:industrial disablement benefit (accident)
Gordon wrote:

jaxw17

Despite searching the DWP site and the internet in general I haven't been able to find any details of the medical your husband might face.

Gordon


The nearest you will find to the Industrial Disablement medical is the old style War Pension medical ... if you look at how its paid and the percentage of illness its nearly the same

this also might help

www.dwp.gov.uk/docs/dmgch69.pdf

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  • The Thing
12 years 11 months ago #56353 by The Thing
Replied by The Thing on topic Re:industrial disablement benefit (accident)
The following is an example of a friend who attended a medical for industrial disablement benefit for osteoarthritis of the knees.

Knee medical for osteoarthritis 2010
The Doctor will fetch you from the waiting room he/she will watch how you rise from the chair and also the manner of how you walk to his/her consulting room he/she will know the distance from the waiting room to their examination room i.e.15 meters and will note in their medical report how you rose from the chair whether you had any difficulties walking from waiting room to examination room.
Example. The claimant rose from the chair with moderate difficulty using his walking sticks, stood with the help of the sticks, walked 15 meters to examination room at a slow pace and had to stop and rest after 10 meters.
Once you’re in the examination room the examination will be explained and you will give your consent.
The doctor will then ask you questions about your work history then questions about your osteoarthritis in your knees.
At the end of the questions the Doctor will examine you and ask you to do certain movements, be very careful in this part as the Doctor is taking a mental note of your mobility to do these tasks which are as follows.
1. Stand up Mr Smith can you stand on your tip toes.
2. Can you squat?
3. Can you kneel on the chair?
Next you will be asked to get on the couch, the Doctor will note if how you get on and off the couch in their report.
Example.Mr Smith was able to use the step to get on and off the couch with moderate difficulty and needed no help.
The doctor will be assessing what loss of faculty you have meaning what loss funtion or power you have recieved to your body parts that have been affected by the accident.
he/she will be looking for painful and rescricted movements you have to your injuries.
In your husbands case if he as injured his shoulder he will be asked a series of questions relating to this like do you have problems getting dressed or what about problems with bathing or can you drive a car ect ect.
Dont forget the doctor will be watching your husband throughout the medical and taking mental notes like Mr ***** was able to remove his shirt without any difficulty he aslo managed to open door using his injured shoulder in the examination room he rose from the chair without any difficulty in waiting room.
my advice is be careful how you answer any questions and if it hurts and the doctor asks your hubby to do anything dont put a brave face on it say no i cant do that it will cause me to much pain.
You could answer for example my shoulder hurts that much i have difficulty putting on taking off upper garments like jumpers and coats,i have to wash my hair using one harm,i cant reach up to get things out of high cupboards in kithchen ect ect.
Your hubby should take someone with him on day of medical this person can then help him with removeing clothing ect.
If he goes alone he can always say to the doctor can you help me remove my top if you want to examine me if he cant do it then dont it.
Regarding his hip its same again the doctor will be looking painful and resricted movements,how does it affect his walking,standing,sitting ect.
questions will be asked like how far can you walk,how long can you stand,do you have problems going up/down stairs ect.
Hope this helps good luck.

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