THIS popular weekly column deals with welfare rights issues of interest to people living in Wirral.

This week's topic is about the Industrial Injuries Scheme which covers accidents at work and industrial prescribed diseases. How to claim and what you can expect when you do claim. This article deals with Reduced Earnings Allowance (REA). REA is currently paid at a maximum of £40.44 per week. Details are available from your local DSS office on any industrial disease - ie. the forms you need for an industrial accident.

DSS FAILURE

It should be noted however that the forms supplied by the DSS for a claim, do not contain an invitation to claim reduced earnings allowance, which is worth a maximum of £40.44 if you satisfy criteria.

IS EVERYBODY COVERED BY THE SCHEME?

If you are an employee and suffer from an accident at work after 4/7/48, or you suffer from an industrial disease (although many were not registered until later than this date) you may be covered by the scheme. You must have been working for an employer, however it does not matter if you were earning enough to pay Tax or National Insurance, you are still covered.

ACTION AFTER AN ACCIDENT

As soon as you can after an accident at work, report it to your employer. By law if there are more than 10 people working there, one must be kept. It does not matter how trivial you think the accident is, a pain in the stomach for example may become a hernia. If in any doubt register the accident anyway. If you have time off as a result of the accident claim benefit right away.

HOW TO CLAIM REA

As soon as you make a claim for an industrial disease or accident before 1/10/90 make a claim for REA. Contact the DSS and ask for form B1 103, and return it right away. If you delay in returning the form it may cost you money so do it right away.

WHO QUALIFIES FOR REA?

You must have had an industrial accident or suffer from an industrial disease that you have suffered with before 1/10/90. If you suffered after that date or the disease began after that date you will not get REA. The general rule is that as a result you are unable to return to the job that you were doing at the time or to a job of equivalent standard. This just simply means that you cannot earn the same money as you were when the accident happened or when the disease began.

WHAT HAPPENS NEXT?

The DSS should confirm that they have received your application. If you do not hear from them within a month ring them up and ask them to confirm in writing that they have it. Enquiries will be made by the DSS to establish you worked in a job on the list, if you claimed for an industrial disease or the specific job if it was an accident. You will then be referred for a medical to determine the medical question and any percentage that the DSS thinks appropriate.

DSS ADVICE

There are 67 different registered industrial diseases. The onus is on you to claim for an industrial disease so if you believe that any condition you have may be work related, then ask the DSS and your doctor for advice. The rules are the same for REA, so if you ask the DSS get their response in writing as the rules on backdating have been changed so you will lose money.

ADVICE

It is important to take advice as soon as you possibly can. Make sure that who you contact is an expert in the type of problem that you have. Do not allow people to practice on your case as there may be a lot of money to lose.

JIM STRANG COMMENTS

Make sure you get advice from an expert who specialises in the type of problem that you have.

Write to Jim Strang c/o S&J Property Management, 81 Duke Street, Birkenhead, enclosing an SAE. If you wish him to act on your behalf, call 652-8600 between 10am and 4pm, Monday to Friday.

Converted for the new archive on 13 March 2001. Some images and formatting may have been lost in the conversion.