Bit of an awkward one so would like some idea of what others think.

My client is Lativian whose English is not too good (although he came in with an interpreter today). He does agency work and has been on a temporary long term contract at the same place for over a year. Employees are given safety boots which have been worn by others.

He is off work because of a severe diabetic foot ulcer (as it says on his 'fit' note). He told me he was seen yesterday at the hospital by 5 different doctors and was told he could be months off work and that he really needs to find a different job because of the ongoing danger of wearing these boots.

I'm wondering if it's because of the diabetes or if he should claim IIDB, attributing it to the footwear he has to wear at work.

I't's diffcult to explain to him that IIDB is a 'no fault' claim and because of the difficulties in communication he has a very real fear of dismissal should his employer gets an inkling that he is making a fuss

Obviously I'll let him make an informed decision so will explain it fully in writing so his interpreter can relay it to him but thought I'd ask your opinions first to see whether it'd be worth his while claiming.

you mean, they have to wear boots previously worn by other people?

blimey.

and I take it he has diabetes as well?

i think, if any claim (IIDB or PI) were to succeed, solid medical evidence as to the link between the dodgy footwear and the ulcer would be needed. Although I gather that where someone has diabetes they have to be very careful of their footwear....

oh, and he needs to see a solicitor re the potential PI claim...

and see if he can get DLA as well... why not, if his diabetes is that bad...

I think your client is caught in the familiar accident v process argument. IIDB can only be paid for an identifiable accident or a prescribed industrial disease. Unless you can show one particular day/event when his foot problem was caused by his boot wearing, you are on a hiding to nothing.

Of course, a PI claim is not precluded.

I've already mentioned the possible PI claim but he's terrified of losing his job. He's been here 10 years and only been able to find agency work. He obviously has certain rights which mean he shouldn't be exploited but he's certainly oppressed and demoralised.

It's shameful that he never knows if there will be enough work in any one week to enable him to pay his rent and feed himself. Additionally he's had to take in other migrant workers from different countries (all from the same agency) to help pay the bills.

I'm helping him with claims for benefits but I've an awful feeling he'll go back to work before he's ready which might well mean he ends up losing his foott.

Must put my cross next to the charismatic Nick G so he can be repatriated before he exploits our NHS even further (never mind the fact that he's paid tax and NI for 10 years).

check that his Class 1 credits have been paid

was he on SC60 as well (or current equivalent)

that might give rise to whole other nightmare of course.

and if he's agency working, who, in fact, is the employer? (ready mix concrete case & all that...)

sorry, getting carried away here but not helping!