I met a client yesterday who was working for Greggs bakery for 6.5 years as an assistant manager. On 5th December 2008 he suffered a stroke at work. His wife works part time (16 hrs) and they have a 19 year old at Uni.

I have not had to deal with industrial injuries before - can you claim IIDB for a stroke? His employer only gave him a one off payment of £122 and they are struggling on just the wife's income.

Should he try for backdated ESA or IIDB, he also turns 60 at the end of Feb so pension credit?

Any help would be appreciated.

Possibly but he would still have to establish that it was caused (at least in part) by work, conditions at work etc (e.g. stress). Any evidence of previous relevant poor health might undermine this link and it can be difficult establishing cause and effect in these cases. It wouldn't be enough that it just happened at work. Recent Commissioner Decision found in a similar case (heart attack at work) that there was no need to establish a specific 'incident' at work that caused the attack for it to be accepted as an industrial accident (link below if it works):

http://www.rightsnet.org.uk/cgi-bin/sub_client/search.cgi?template1=briefcase/detail.htm&briefcase.ID_option=1&briefcase.ID=213131730251

Nothing to lose by trying?

He could claim both ESA and IIDB at the same time - no need to choose between them. Whether or not he qualifies will depend on his condition following the stroke. ESA can be backdated for 3 months as can IIDB (but IIDB won't be paid until 15 weeks after the 'accident'). Whether or not they are any better off at the end will depend on how their Pension Credit/possible income related ESA pans out but it is usually a good idea to get a non-means tested benefit under your belt if possible.

Also DLA claim if possible after 3 months and get him a good lawyer if Greggs were at fault in contributing towards his stroke.

Thanks very much - I am referring the client for legal advice as Greggs allowed him to work even though he'd had a stroke - he had 6 in total some of which could possibly have been prevented...

From reading the notes in Volume 1 of the non-means tested benefit volume of the Sweet and Maxwell legislation, it looks as if the question is whether there was an "accident", something to do with what the person was doing at the time at work, rather than something which was going to happen anyway. There seems to have been a case about a heart atack that was triggered by heavy lifting. It doesn't sound as if it was anything specifically related to the fact of anything he was doing at work that caused the stroke. There is in any event a qualifying waiting period for IIDB - 90 days disregarding Sundays!

I would certainly go for ESA anyway - it doesn't prevent him claiming anything else relevant until he is 60 and I think the contributory version can be backdated like IB. Once any disability has lasted 3 months look at DLA too.