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 u Importance of incident reporting u Keep copies of everything u Seek medical advice and inform them it’s work related u DWP “declaration” u Benefit claims and charitable funding

3. Contact RCN Direct for referral to rep BI100

4. DWP benefits u 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

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

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

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

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

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

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

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

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