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

This week's topic is the Industrial Injuries Scheme which covers accidents at work and industrial prescribed diseases; how to claim, and what you can expect when you do. This topic will run for the next few weeks and will cover the little-known ones as well as the more familiar ones.

IS EVERYBODY COVERED BY THE SCHEME?

If you are an employee and have suffered from an accident at work after July 4, 1948, 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 for a firm, a record of accidents 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 to have time off as a result of the accident, claim benefit right away.

CIVIL CLAIMS

It may also be possible to claim for personal injury against your employer. To do this you should consult a solicitor who deals with this type of work.

INDUSTRIAL DISEASES

There are at present 67 different registered industrial diseases; that is to say that they are accepted as being a risk, but only in the occupations also listed, but not risks common to the general population of causing that particular disease. The onus is firmly 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. If you ask the DSS, get their response in writing as the rules on backdating have been changed and you will lose money.

VIBRATION WHITE FINGER

VWF is described by the DSS as episodic blanching occurring throughout the year affecting the middle or proximal phalanges or, in the case of a thumb, the proximal phalanx of: a) in the case of a person with five fingers including thumb on one hand, any three of those fingers; or b) in the case of a person with only four fingers, any two of those fingers, or c) in the case of a person with less than four fingers any one of those fingers or, as the case may be, the one remaining vibration white finger.

DESCRIPTION OF JOBS LIKELY TO CAUSE VWF

the use of hand-held chain saws in forestry; or

the use of hand-held rotary tools in grinding, or in the sanding or polishing of metal, or the holding of material being ground, or metal being sanded or polished by rotary tools; or

the use of hand-held percussive metal-working tools, or the holding of metal being worked on by percussive tools in riveting, caulking, chipping, hammering, fettling or swagging; or

the use of hand-held, powered, percussive drills or hand-held powered percussive hammers in mining, quarrying, demolition or on roads construction; or

the holding of material being worked upon by pounding machines in shoe manufacture.

ADVICE

Only if you have the condition and have worked in one of the jobs described will you be able to make a successful claim - but that is only the start and it is clearly a minefield to tread through. It is important to take advice as soon as you possibly can. Make sure that the person you contact is an expert in the type of problem you have. Do not allow people to practise on your case as there may be a lot of money to lose.

JIM STRANG COMMENTS:

If you need to know more about this article, then you can write to me c/o S & J Property Management Ltd., 81 Duke Street, Birkenhead. Don't forget to include an SAE for the reply.

If you wish me to act on your behalf, then you can contact me on 652-8600 at the same address between 10am and 4pm, Monday to Friday.

Readers are advised that Jim Strang represents clients on a 'no win, no fee' basis. Details are available from him.

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