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Industrial Injuries Disablement benefit
Train driver who suffered from shock due to witnessing a terrible accident on train line. He is suffering from post traumatic stress and this has been accepted as an Industrial accident. However only assessed at 5%. We have an appeal coming up. I know there is a regulation showing how to reach assessments but these only rate to physical injuries. How do medical examiners measure mental health for Industrial Injuries? Anyone have an Case law on this?
Hi Anne
I have not had direct experience of arguing solely on mental health grounds, but found CI/1307/99, which discusses how to assess disablement in stress-related conditions: http://www.administrativeappeals.tribunals.gov.uk/judgmentfiles/j850/CI1307.99M.doc
Thanks, there isn’t much out there
Assessing percentages of disablement for industrial accidents goes like this. First, you take the blood of a dead chicken and pour it into a gold plated goblet. Then, you take all your clothes off and run round the garden three times chanting “I am the God of hellfire” while scratching your backside. Then you pour some mercury into the blood and make the sign of the cross over it. Finally, you drink half then tip the remainder onto the ground where it magically morphs itself into a number. That number is then the disablement percentage.
No, of course you don’t but you might as well because the way they do it now is a complete bl**dy mystery to me.
Assessing percentages of disablement for industrial accidents goes like this. First, you take the blood of a dead chicken and pour it into a gold plated goblet. Then, you take all your clothes off and run round the garden three times chanting “I am the God of hellfire” while scratching your backside. Then you pour some mercury into the blood and make the sign of the cross over it. Finally, you drink half then tip the remainder onto the ground where it magically morphs itself into a number. That number is then the disablement percentage.
No, of course you don’t but you might as well because the way they do it now is a complete bl**dy mystery to me.
Your right, this couldn’t possibly work, you forgot to take away the number you first thought of and then divide by 22/7…...........................
On a slightly more serious note;
about six or seven years ago I had a client with this sort of difficulty after an assualt at work and,not knowing about the chickens etc, we looked at the awards for crimnal injuries compensation which I seem to recall gave a bit of an insight. We didn’t pursue the claim but I can remember planning to use the Criminal Injuries Compensation schedules as an argument.
Nevip- LOL!!
Thank you for a laugh on a Friday afternoon