If an employee has applied for Ill Health retirement, should the employers link this with Permanent Injury Benefits?
A. If an employee has suffered a work related illness/injury and their employment is terminated then the employer should notify them of their right to apply for permanent injury benefits. However, we may have previously had an application for temporary injury benefits and when their employment is terminated due to the injury/work related condition we will talk them through the process of applying for permanent injury benefits. Q. In one situation an employee had fallen out of the back of an ambulance and suffered an injury at work. However, this person did not adhere to health and safety procedures – would the employee still be eligible for NHS Injury Benefits? A. This is quite a common, and difficult situation we come across. What we have to ascertain is whether or not the applicant had been culpably negligent in their actions (had they deliberately and for no good reason ignored Health and Safety procedures). If so then they may not be entitled to NHS Injury Benefits.
