year and place of injury effects to claim industrial injuries benefit requirements

[B Joe]

I broke my ankle at work in 2004, Due to medical negligence was forced to walk on said ankle for 5 years whilst still broken, so then needed multiple operations to address this, which never accomplished anything and will be on painkillers for the rest of my life and am unable to work due to this.

 

Question 1) Can I still claim for this as it has been over 12 years.

 

Question 2) if I was stopping in the isle of wight at a hotel for work,

and I sustained the injury after work hours, but was only on the isle of wight to work, can I still claim iib for the injury?

 

 

Thank you

[Mr.P]

I think you are out of time to bring a personal injury claim. But if the injury and pain prevent you from working, you may be able to claim ESA (subject to savings & other household income).

 

Will alert the Site Team and see if anyone else can provide further advice.

[B Joe]

I was stopping in the isle of wight at a hotel for work,

and I sustained the injury after work hours, but was only on the isle of wight to work, can I still claim iib for the injury?

[B Joe]

Thank you for your reply, but my question was not about personal injury, or ESA

 

Question 1) Can I still claim iib for this as it has been over 12 years. (will have the problem for rest of life)

 

Question 2) if I was stopping in the isle of wight at a hotel for work,

and I sustained the injury after work hours, but was only on the isle of wight to work, can I still claim iib for the injury?

[BazzaS]

Thank you for your reply, but my question was not about personal injury, or ESA

 

Question 1) Can I still claim iib for this as it has been over 12 years. (will have the problem for rest of life)

 

Question 2) if I was stopping in the isle of wight at a hotel for work,

and I sustained the injury after work hours, but was only on the isle of wight to work, can I still claim iib for the injury?

 

1) you can only claim within 3 years of the injury, (or the alleged clinical negligence for that), unless :

A) you were under 18, when the 3 years starts on your 18th birthday, or

B) you only had actual or "constructive" knowledge of your cause of action later, when the 3 years runs from date of knowledge (so, for negligence, from when you did or should have known of the negligence), unless

C) you were / are "a person under a disability"; which refers to persons lacking mental capacity to institute proceedings, where the 3 years runs from when that disability ends.

 

Why have you left it so long

A) for the original injury

B) for the alleged negligence?

 

2) irrelevant if you are outside the Limitation Act 3 year period.

 

Correction : you are asking about "iib" : do you mean iidb?

Have you asked :

 

Barnsley IIDB Centre

Mail Handling Site A

Wolverhampton

WV98 1SY

Telephone: 0345 758 5433

Textphone: 0345 608 8551

[B Joe]

Why have I left what so long since the original injury, or negligence ?

There seems to be some confusion.

I am not asking about a personal injury claim.

 

I am asking about industrial injuries disablement benefit.

 

I broke the ankle in 2004

I am aware that 3 years has passed since then.

 

I am asking if I can claim industrial injuries disablement benefit for the injury that I sustained whilst at work that happened in 2004 as am unable to work due to the medical negligence that occurred in the failing to treat this ankle I mentioned which caused me to walk on a broken ankle for 5 years and have to undergo several surgery's and am still on painkillers for life.

 

Question 1) Can I still claim iidb for this accident, as it has been over 12 years (not the negligence that worsened the problem, just the initial brake, as I am aware that 3 years has passed since 2004) (will have the problem for rest of life)

 

Question 2) if I was stopping in the isle of wight at a hotel for work,

and I sustained the injury after work hours, but was only on the isle of wight to work, can I still claim iidb for the injury?

 

 

The reason why I never claimed iidb before, is because I only found out about iidb a few days ago.

 

 

 

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May I ask if you answer C ) you were / are "a person under a disability"; which refers to persons lacking mental capacity to institute proceedings, where the 3 years runs from when that disability ends.

 

Means that if I could get a letter from my doctor stating that I have not been capable of instituting proceedings in 12 years due to lacking mental capacity, then the 3 limit time period to make a medical negligence claim will start from when I regained mental capacity, which could be only a few months ago?

 

 

Thank you very much for your answer.

Edited June 18, 2016 by B Joe

[BazzaS]

 

May I ask if you answer C ) you were / are "a person under a disability"; which refers to persons lacking mental capacity to institute proceedings, where the 3 years runs from when that disability ends.

 

Means that if I could get a letter from my doctor stating that I have not been capable of instituting proceedings in 12 years due to lacking mental capacity, then the 3 limit time period to make a medical negligence claim will start from when I regained mental capacity, which could be only a few months ago?

 

 

Thank you very much for your answer.

 

If the "clock never started ticking".

If you had competence at ANY time since ; the 3 years starts from then.

 

If you didn't have competence at any time until a few months ago, then yes, the three years didn't start until a few months ago.

 

However, I doubt a letter from a GP would do it alone. Who has been managing your affairs since 2009?

On what basis would you claim not being competent? It would be for you to show you weren't competent rather than the defendant of the claim show G that you were competant if you were aiming to get the Limitation Act 3 year provision disapplied.

[antone]

There is no specific time limit for claiming IIDB, so the fact that the accident happened 12 years ago will not in itself be a problem. Unfortunately I do not know whether the fact that you sustained the injury in a place you'd visited for work reasons, rather than actually at work, would make any difference.

 

IIDB is a complex benefit, probably more complex than we can really deal with on the forum. You're welcome to continue to post about it, of course, but I would suggest seeking a qualified benefits adviser to help - possibly start at the Citizens Advice Bureau for this.