Work related injury/ill health

Nicola Lee

Employment Relations Adviser

RCN UK Safety Representatives’ conference

Leeds

5 October 2012

Work related injury/ill health

u Importance of incident reportingu Keep copies of everythingu Seek medical advice and inform them

it’s work related u DWP “declaration”u Benefit claims and charitable funding

Contact RCN Direct for referral to rep

BI100

DWP benefitsu Industrial Injuries Disablement Benefit

– Work related injury– Prescribed industrial disease

u Employment and Support Allowance– After SSP runs out– Only payable for 12 months unless claiming on

means tested basis

u Disability Living Allowance (soon to be replaced by Personal Independence Payment)– Care and mobility components

PHI arrangements

u Sometimes offered under TUPE arrangements

u Often don’t differentiate between reasons for absence

u Time limits and claim periodsu Interaction with contractual statusu Check terms of policyu Some issues excluded – e.g. stress

NHS Injury Benefitsu Temporary Injury Allowanceu Permanent Injury Benefitu Death Benefitsu The best kept secret in the health

service?u Wholly or mainly attributable to NHS

employmentu Permanent loss of earning ability (PIB)u www.nhsbsa.nhs.uk/injury

NHS IB review recommendations

u Repeal current regulations (no detriment to existing beneficiaries)

u Replace with provision in AfC handbook u Limited to employment contractu New allowance similar to TIAu More generous offsetting rulesu Paid also during phased returnu Pay protection

NHS Injury Benefit – next stepsu Ratified by NHS Staff Council 21/10/11u Position of medical staff and independent

contractors (usually GPs) agreedu Ministerial approval (E, W & S) received

Summer 2012 – 2 modifications (different position in Northern Ireland)– Timing– Sunset clause negotiations

Next steps continued

u Sunset clause agreed – 5 yearsu Also -Exception clause for a further 20 yrsu Consultation for amendment of current

regulations must start early Novemberu New final agreement for Staff Council

meeting on 9/11/12u Communication planu Target date - 31/3/13

What does this mean for…

u Current NHS employees – injured pre and post 31/3/13

u Members who take PI actionu Those transferring out of NHSu Existing PIB claimantsu Those who need to claim after 31/3/13u Representatives and case work

V IMPORTANT!

u Documentation and evidence – esp for pre 1/10/12 injuries that may later attract PIB award

u Local policy reviewu Insist on monitoring and impact analysis

at local level

Nicola Lee

RCN Employment Relations Department

nicola.lee@rcn.org.uk