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Top Other benefits topic #744

Subject: "allocation of blame in IIDB claim" First topic | Last topic
fib
                              

Welfare Rights Manager, New Progress Housing Association, Leyland
Member since
20th Jul 2004

allocation of blame in IIDB claim
Fri 03-Mar-06 10:22 AM

never done an IIDB claim before - is there any consideration given to blame (either the employer or the employye) in assessing claims?
Have a lorry driver who jumped off his tailgate - he knew he shouldn't, but he'd done it before and never had an accident. His knee popped out and afetr a long story has now been fused awaiting a knee replacement? Does the fact that he caused the accident affect him making a claim?
Also - accident happened a year ago. Does that cause any problems with him making a claim?

  

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Replies to this topic
RE: allocation of blame in IIDB claim, claire hodgson, 06th Mar 2006, #1
RE: allocation of blame in IIDB claim, bmenadm, 07th Mar 2006, #2

claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: allocation of blame in IIDB claim
Mon 06-Mar-06 02:23 PM

blame is irrelevant in the context of IIDB - all that is relevant is whether it was a work related accident.

no problem on time; he can claim for IIDB whenever he wants, usual back dating rules, but must have been at least 6 months since the accident.

sounds to me like you should get a % for a limited period, for review once he's had his replacement.

And is he trying to claim agsint the employer anyway? irrespect of the huge amounts of contributory negligence he might lose from his damages, he needs to be aware that if he does, and that claim includes loss of earnings, then he would have to repay the IIDB up to date of settlemet out of the loss of earnigns part of the claim.

  

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bmenadm
                              

Advice Session Supervisor, Ballymena CAB
Member since
17th Aug 2005

RE: allocation of blame in IIDB claim
Tue 07-Mar-06 12:38 PM

Why must have been at least 6 months since the accident? Our information system says that IIDB is payable 90 days after the accident.

  

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