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IIDB - what is defined as an ‘accident’
I have had very little to do with IIDB over the years and I am hoping someone is better briefed than I am!
My cl has had a very physically demanding job which often involved lifting very heavy weights and had carried out this occupation for many years. Their back had become somewhat problematic but not enough to stop them working.
Last year they were on site and about to start work and bent to tie the laces on their safety boots. The cl’s back then gave way completely and they have been off work for over a year waiting for surgery.
Looking in CPAG I can see that the cumulative weakening of the back does not necessarily constitute an ‘accident’ within the IIDB rules (and that is the line that IIDB have taken) but could the bending to tie the bootlaces be seen as an accident that occurred whilst the cl was at work, as a result of long term disability caused by work and in the course of, work - the safety boots being mandatory ?
An incident or series of incidents are always potentially capable of being classified as an “accident”. That’s well established in case law. The more pertinent question for me here would be whether the incident in question arose during the course of their employment and out of their employment. Again lots of case law around that. The guidance is, for once, fairly useful too. See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/474073/dmgch66.pdf
Plenty to dig into via https://www.rightsnet.org.uk/resources/industrial-injuries-disablement-benefit also.
Ditto…
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Whether-a-telephone-call-to-work-made-while-at-home-on-sick-leave-can-be-ma
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-claimant-who-suffered-a-cardiac-arrest-had-had-an-accident-for-indu
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Meaning-of-personal-injury-by-accident
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Whether-accident-or-process