What is Industrial Injuries Disablement Benefit?

Industrial Injuries Disablement Scheme (IIDB) provides a no-fault tax-free benefit for an employee who suffers personal injury caused by an accident arising out of and in the course of work (after 4/7/48) or who contracts a prescribed disease whilst working.

This is the main benefit which is paid to those who have suffered disablement from a loss of physical or mental faculty caused by an industrial accident or disease.

Who is covered by this scheme?

You are covered by this scheme if you are working for an employer.  It does not matter if you do not earn enough money to pay National Insurance contributions, or if you are too old or too young to pay them. Nor does it matter if the accident happens on your first day at work. What counts is that you are gainfully employed under a contract of service, or as an office holder with taxable earnings.

You are covered if your accident occurred outside the UK if you employer was paying National Insurance contributions for you while you were working abroad. The company would also be eligible if you were working in a European Community country, Norway or on the continental shelf of the UK or as a mariner, airman or as a volunteer development worker, as long as they have continued to pay UK contributions.

Your employer does not have to be at fault in any way for you to claim the benefit and you can claim whether you are now incapable for work or have had a drop in earnings as a result.

You will not be covered if you are self employed or if you are a volunteer, unless the accident happens whilst you are doing specified types of voluntary work. There is discretion to treat someone who is illegally employed as an employed earner.

If there is any doubt over your status as an employed earner, your case is decided by an officer of HMRC with the right to appeal.

When am I entitled to claim for this benefit?

IIDB is a tax free benefit which is payable 15 weeks from the date of the accident or onset of the disease and your disablement has to be assessed at 14% or more. It is paid on top of earnings and other non means tested benefits.

For some prescribed chest diseases you can get benefit if the assessment is from 1% to 13% but for occupational deafness your disablement must be at 20% or more.

If you are claiming for a prescribed disease the date of onset should be the date the disease started, not the date of any claim. IIDB is only payable 15 weeks after this date but for occupational deafness the law says that the date of onset must be the date a successful claim was made and payment can start from this date.

There is no waiting period for diffused mesothelioma or primary carcinoma of the lung. These diseases are paid at the 100% rate from the date of claim.

How do I make a claim for IIDB in respect of an Industrial Accident?

If you have an accident at work you should report the details as soon as possible to your employer. Enter them into the accident book, even if they do not seem too serious at first, as it could progress on to something more serious.

If you think an accident might have some ill effect in the future, apply to Jobcentre Plus for a declaration that you have had an industrial accident on form BI100A.

In most cases it will be clear that an ‘accident’ has happened and that it was ‘industrial’ but case law has expanded these concepts to include less obvious situations. If in doubt about whether you are covered by the Industrial Injuries scheme you should apply for an accident declaration and claim benefit anyway. The case law is complex so always seek advice if you are turned down.

How do I make a claim for IIDB in respect of an Industrial Illness?

Benefit can be paid for approximately 60 different diseases or conditions that are prescribed as being risks of particular occupations and not risks common to the general population. These are listed in DWP Guide DB1 along with the types of occupations you must have worked in to qualify for benefit.

Provided you have worked in the relevant occupation at some time since 5th July 1948, it does not matter if the disease started earlier, the date of onset can be treated as 5th July 1948. If your relevant occupation finished before 5th July 1948 you may be covered by the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit scheme or Pneumoconiosis Worker’s Compensation Scheme.

For some diseases there are rules about the length of time you must have worked in the occupation.

It is up to you to claim benefit for the prescribed disease. If your disability arises from a non-listed condition that was contracted at work, you may still be eligible to claim under the accident provisions.  If you have any reason to suspect that your illness is related to your work, ask Jobcentre Plus for advice or visit your GP who may also be able to advise you on this. You may lose the benefit if you do not.

Contact us

If you have any queries in respect of Industrial Injuries Disablement Benefit, please do not hesitate to contact our specialist benefits advice team on 0800 0384 384.