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Work related injury/ill health

Work related injury/ill health. Nicola Lee Employment Relations Adviser. RCN UK Safety Representatives ’ conference Leeds 5 October 2012. Work related injury/ill health. Importance of incident reporting Keep copies of everything Seek medical advice and inform them it’s work related

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Work related injury/ill health

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  1. Work related injury/ill health Nicola Lee Employment Relations Adviser RCN UK Safety Representatives’ conference Leeds 5 October 2012

  2. Work related injury/ill health • Importance of incident reporting • Keep copies of everything • Seek medical advice and inform them it’s work related • DWP “declaration” • Benefit claims and charitable funding

  3. BI100 Contact RCN Direct for referral to rep

  4. DWP benefits • Industrial Injuries Disablement Benefit • Work related injury • Prescribed industrial disease • Employment and Support Allowance • After SSP runs out • Only payable for 12 months unless claiming on means tested basis • Disability Living Allowance (soon to be replaced by Personal Independence Payment) • Care and mobility components

  5. PHI arrangements • Sometimes offered under TUPE arrangements • Often don’t differentiate between reasons for absence • Time limits and claim periods • Interaction with contractual status • Check terms of policy • Some issues excluded – e.g. stress

  6. NHS Injury Benefits • Temporary Injury Allowance • Permanent Injury Benefit • Death Benefits • The best kept secret in the health service? • Wholly or mainly attributable to NHS employment • Permanent loss of earning ability (PIB) • www.nhsbsa.nhs.uk/injury

  7. NHS IB review recommendations • Repeal current regulations (no detriment to existing beneficiaries) • Replace with provision in AfC handbook • Limited to employment contract • New allowance similar to TIA • More generous offsetting rules • Paid also during phased return • Pay protection

  8. NHS Injury Benefit – next steps • Ratified by NHS Staff Council 21/10/11 • Position of medical staff and independent contractors (usually GPs) agreed • Ministerial approval (E, W & S) received Summer 2012 – 2 modifications (different position in Northern Ireland) • Timing • Sunset clause negotiations

  9. Next steps continued • Sunset clause agreed – 5 years • Also -Exception clause for a further 20 yrs • Consultation for amendment of current regulations must start early November • New final agreement for Staff Council meeting on 9/11/12 • Communication plan • Target date - 31/3/13

  10. What does this mean for… • Current NHS employees – injured pre and post 31/3/13 • Members who take PI action • Those transferring out of NHS • Existing PIB claimants • Those who need to claim after 31/3/13 • Representatives and case work

  11. V IMPORTANT! • Documentation and evidence – esp for pre 1/10/12 injuries that may later attract PIB award • Local policy review • Insist on monitoring and impact analysis at local level

  12. Nicola Lee RCN Employment Relations Department nicola.lee@rcn.org.uk

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