Legal Services...
CWU provides a range of legal services and benefits that are available to all members via the Legal Services Department in partnership with our Approved Panel Solicitors.
Industrial Injury Benefit
a) What is an Industrial Accident?
(i) The word "accident" is given a wide interpretation and covers any unexpected happening resulting in a Personal Injury, whether the effects of the accident are immediate, as when someone breaks a leg in a fall or delayed, as when blood poisoning follows a cut.
(ii) An industrial accident is one "arising out of and in the course of" the injured person's employment. If, as a result of the accident, incapacity, disablement or death occurs, the benefits under the Scheme can be paid.
(iii) The condition that the accident must "arise out of and in the course of" the employment means that it must occur whilst the injured person was doing something he/she was employed to do or because their employment exposed them to some particular risk.
Accidents that occur "in the course of" employment are treated as having arisen out of the employment unless there is evidence to the contrary. Benefit cannot be paid if the accident happened before the employment began or after it ended. All accidents on duty must be recorded in the Employers Accident Book (Accidents for BT employees, must be reported to the Accident Reporting Group (ARG).
In addition to informing your employer, Union Headquarters should be supplied with the fullest possible information on form LS3. It is particularly important that the cause of the accident should be given in detail. This is necessary because under the Law of Personal Injuries, it is possible to claim against the employer where they or one of their servants can be proved negligent.
(b) Entitlement Under the Industrial Injuries Act
When an accident has arisen "in and out of" the course of employment, it must be reported to the Benefits Agency for registration as soon as possible.
This is important to safeguard the injured person in any subsequent claim for benefit. All enquiries on this aspect should be directed to Legal Services for clarification and advice (see leaflet LS18).
(c) Disablement Benefit
Disablement Benefit is a payment depending on the degree of disablement the injured person is still suffering as a result of the accident or disease when the injury benefit period ends.
To qualify the accident must arise out of and in the course of the victim's duty and must be registered with the Benefits Agency as an Industrial Injury within a period of 3 months. If the victim does not make a complete recovery within a period of 3 months, an application should be made for disablement benefit. The claimant will be medically examined and the injuries assessed in a percentage term. If the assessment is 14% or more, a weekly payment depending on that percentage will be made for the duration of the assessment period.
The assessment can be for a set time such as 12 months or on a provisional basis. If the assessment is provisional, the claimant will be automatically re-examined at the end of the assessment period and a further assessment may be granted. If the Medical Board decides that the injured person's condition is not likely to change considerably, they can make a final assessment for life. If they consider that the condition will only last for a limited period after which no further appreciable disability is to be expected, they can make a final assessment for a limited period. (Members can apply for "Reconsideration on a Change of Circumstances").
(d) Medical Appeal Tribunals
If the member is unhappy with the level/type of assessment, there is a right of appeal.
If the member decides to appeal he/she should:
1) Lodge appeal with the Benefits Agency within 1 month of decision, also inform them of CWU involvement.*
2) Send copy of the assessment form to Legal Services Department via Branch Official.
If there is no existing specialist report then arrangements will be made by Union Headquarters for the member to be examined. If the medical report is in the member's favour, representation at the Tribunal is provided at Headquarters level.
*However, Branches should be aware that Appeals are only dealt with where the initial award is 10 per cent or more (except in Bandit Attack cases).
If it is decided to make an appeal after receiving the medical board's decision, it is important that the matters be referred to Union Headquarters for advice. In the event of the medical evidence being in favour of an appeal, then Union Headquarters will provide representation at the Tribunal. The Tribunal have the right to vary the original award either by increasing or decreasing it or rescinding the original award completely. Decisions given by a Medical Board or a Medical Appeals' Tribunal can be reviewed at any time by a Medical Board, if the Board is satisfied by fresh evidence that the decision was given because of non-disclosure or misrepresentation of a material fact.
A Medical Board can also review its decision if there turns out to be an unforeseen aggravation of the results of the relevant injury.
(e) Incapacity Benefit
Advice only is given from Union Headquarters on Incapacity Benefit (Procedures and Appeals).
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
(i) The word "accident" is given a wide interpretation and covers any unexpected happening resulting in a Personal Injury, whether the effects of the accident are immediate, as when someone breaks a leg in a fall or delayed, as when blood poisoning follows a cut.
(ii) An industrial accident is one "arising out of and in the course of" the injured person's employment. If, as a result of the accident, incapacity, disablement or death occurs, the benefits under the Scheme can be paid.
(iii) The condition that the accident must "arise out of and in the course of" the employment means that it must occur whilst the injured person was doing something he/she was employed to do or because their employment exposed them to some particular risk.
Accidents that occur "in the course of" employment are treated as having arisen out of the employment unless there is evidence to the contrary. Benefit cannot be paid if the accident happened before the employment began or after it ended. All accidents on duty must be recorded in the Employers Accident Book (Accidents for BT employees, must be reported to the Accident Reporting Group (ARG).
In addition to informing your employer, Union Headquarters should be supplied with the fullest possible information on form LS3. It is particularly important that the cause of the accident should be given in detail. This is necessary because under the Law of Personal Injuries, it is possible to claim against the employer where they or one of their servants can be proved negligent.
(b) Entitlement Under the Industrial Injuries Act
When an accident has arisen "in and out of" the course of employment, it must be reported to the Benefits Agency for registration as soon as possible.
This is important to safeguard the injured person in any subsequent claim for benefit. All enquiries on this aspect should be directed to Legal Services for clarification and advice (see leaflet LS18).
(c) Disablement Benefit
Disablement Benefit is a payment depending on the degree of disablement the injured person is still suffering as a result of the accident or disease when the injury benefit period ends.
To qualify the accident must arise out of and in the course of the victim's duty and must be registered with the Benefits Agency as an Industrial Injury within a period of 3 months. If the victim does not make a complete recovery within a period of 3 months, an application should be made for disablement benefit. The claimant will be medically examined and the injuries assessed in a percentage term. If the assessment is 14% or more, a weekly payment depending on that percentage will be made for the duration of the assessment period.
The assessment can be for a set time such as 12 months or on a provisional basis. If the assessment is provisional, the claimant will be automatically re-examined at the end of the assessment period and a further assessment may be granted. If the Medical Board decides that the injured person's condition is not likely to change considerably, they can make a final assessment for life. If they consider that the condition will only last for a limited period after which no further appreciable disability is to be expected, they can make a final assessment for a limited period. (Members can apply for "Reconsideration on a Change of Circumstances").
(d) Medical Appeal Tribunals
If the member is unhappy with the level/type of assessment, there is a right of appeal.
If the member decides to appeal he/she should:
1) Lodge appeal with the Benefits Agency within 1 month of decision, also inform them of CWU involvement.*
2) Send copy of the assessment form to Legal Services Department via Branch Official.
If there is no existing specialist report then arrangements will be made by Union Headquarters for the member to be examined. If the medical report is in the member's favour, representation at the Tribunal is provided at Headquarters level.
*However, Branches should be aware that Appeals are only dealt with where the initial award is 10 per cent or more (except in Bandit Attack cases).
If it is decided to make an appeal after receiving the medical board's decision, it is important that the matters be referred to Union Headquarters for advice. In the event of the medical evidence being in favour of an appeal, then Union Headquarters will provide representation at the Tribunal. The Tribunal have the right to vary the original award either by increasing or decreasing it or rescinding the original award completely. Decisions given by a Medical Board or a Medical Appeals' Tribunal can be reviewed at any time by a Medical Board, if the Board is satisfied by fresh evidence that the decision was given because of non-disclosure or misrepresentation of a material fact.
A Medical Board can also review its decision if there turns out to be an unforeseen aggravation of the results of the relevant injury.
(e) Incapacity Benefit
Advice only is given from Union Headquarters on Incapacity Benefit (Procedures and Appeals).
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Criminal Injury Claims
The Criminal Injuries Compensation Scheme is a Government funded Scheme which compensates victims of crimes of violence. All claims with the exception of those in Channel Islands and the Isle of Man are dealt by the Legal Services Department. We support all such claims by members and their dependants. We do not pursue claims against alleged assailants through the Courts.
The Scheme covers cases of murder, manslaughter, assault, robberies, personal injury from acts of arson, rape, muggings etc.
The Scheme is administered by a body known as the Criminal Injuries Compensation Authority (CICA). The appointed Chairman is of wide legal experience and the other members of the Board are also legally/medically qualified.
The Board will consider applications in cases where:
1) Injury is bad enough to qualify for the minimum compensation presently £1,000.00.
2) There has been an appreciable degree of injury directly attributable to a criminal offence involving the use of force or an attempt by the victim acting as a member of the public to apprehend a criminal.
3) The circumstances of the injury have been reported promptly to the police.
4) The applicant is prepared to submit to a medical examination as directed by the Board.
5) Motoring offences are excluded - except where the vehicle has been used as a weapon i.e., a deliberate attempt to run the victim down.
6) Where the injury proves fatal, the dependants may be eligible to claim.
7) You did not contribute to the attack/incident. All claims must be submitted within two years of the date of the incident, giving rise to the injury. Levels of compensation are assessed on a tariff basis, details of which are contained within the Guide to the Scheme which is available from the Legal Services Department.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
The Scheme covers cases of murder, manslaughter, assault, robberies, personal injury from acts of arson, rape, muggings etc.
The Scheme is administered by a body known as the Criminal Injuries Compensation Authority (CICA). The appointed Chairman is of wide legal experience and the other members of the Board are also legally/medically qualified.
The Board will consider applications in cases where:
1) Injury is bad enough to qualify for the minimum compensation presently £1,000.00.
2) There has been an appreciable degree of injury directly attributable to a criminal offence involving the use of force or an attempt by the victim acting as a member of the public to apprehend a criminal.
3) The circumstances of the injury have been reported promptly to the police.
4) The applicant is prepared to submit to a medical examination as directed by the Board.
5) Motoring offences are excluded - except where the vehicle has been used as a weapon i.e., a deliberate attempt to run the victim down.
6) Where the injury proves fatal, the dependants may be eligible to claim.
7) You did not contribute to the attack/incident. All claims must be submitted within two years of the date of the incident, giving rise to the injury. Levels of compensation are assessed on a tariff basis, details of which are contained within the Guide to the Scheme which is available from the Legal Services Department.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Personal Accident Benefit Scheme
The vast majority of our members are covered by a Personal Accident Benefit Scheme against risks of accidents that result in death or physical disability. The Schemes vary depending on which business the member is employed in. The Employer funds the Schemes.
Postal Members
To qualify for payment under the schemes you must:
1) Register the accident with the Benefits Agency as an Industrial Injury.
2) Ask your local branch official to ensure that all relevant details are sent to us immediately as the Insurance Company/Administrators of the Scheme must be notified within 6 MONTHS of the date of the accident.
3) Apply to the Benefits Agency for disablement benefit if you are still suffering the effects of your injuries 15 weeks after the date of the accident. Member will be medically examined and injuries assessed by the Benefits Agency medical officers. A Notice of Assessment stating the nature of the injuries will be issued with the extent of the injuries/disability expressed as a percentage.
4) When the notice of assessment is received, it must be forwarded to the Legal Services Department e.g. PROVISIONAL, LIFE and FINAL.
How Payments are Assessed
All the Schemes within the Postal Businesses operate on the same principle. Payments are made depending on the extent of the member's injuries/disability and are calculated based on the percentage assessment of the injury as stated on the Notice of Assessment from the Benefits Agency hence the need to lodge the accident with the Benefits Agency. In all cases the Post Office will make the final decision and if they disagree with the medical evidence/Benefits Agency Assessment, they will exercise their right to adjust any payment accordingly.
The maximum payment available under the scheme operated by Consignia is £31,000 and payment will vary depending on the level of the Benefits Agency Assessment.
Payments are made to claimants on production of a life assessment, and an interim payment can be made for claimants who are in receipt of a two-year provisional assessment. Life assessment payments are calculated as follows: - e.g. a 10% assessment equals £3,100, 20% assessment would equal £6,200.
Telecom Members
BT Members are covered on a 24 hour basis for injuries sustained whilst on and off duty. The scheme is presently operated by Zurich Insurance and claims need to be lodged with them within two years of the date of the accident.
A claimant has to obtain their own medical evidence, usually in the form of a Consultant's report, which is submitted to the insurance company. The insurance company's medical advisers make an assessment and a payment is awarded depending on the extent of the member's permanent injuries.
Payments are based on a maximum threshold of four times basic salary, set at a minimum of £10,000 per annum.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Postal Members
To qualify for payment under the schemes you must:
1) Register the accident with the Benefits Agency as an Industrial Injury.
2) Ask your local branch official to ensure that all relevant details are sent to us immediately as the Insurance Company/Administrators of the Scheme must be notified within 6 MONTHS of the date of the accident.
3) Apply to the Benefits Agency for disablement benefit if you are still suffering the effects of your injuries 15 weeks after the date of the accident. Member will be medically examined and injuries assessed by the Benefits Agency medical officers. A Notice of Assessment stating the nature of the injuries will be issued with the extent of the injuries/disability expressed as a percentage.
4) When the notice of assessment is received, it must be forwarded to the Legal Services Department e.g. PROVISIONAL, LIFE and FINAL.
How Payments are Assessed
All the Schemes within the Postal Businesses operate on the same principle. Payments are made depending on the extent of the member's injuries/disability and are calculated based on the percentage assessment of the injury as stated on the Notice of Assessment from the Benefits Agency hence the need to lodge the accident with the Benefits Agency. In all cases the Post Office will make the final decision and if they disagree with the medical evidence/Benefits Agency Assessment, they will exercise their right to adjust any payment accordingly.
The maximum payment available under the scheme operated by Consignia is £31,000 and payment will vary depending on the level of the Benefits Agency Assessment.
Payments are made to claimants on production of a life assessment, and an interim payment can be made for claimants who are in receipt of a two-year provisional assessment. Life assessment payments are calculated as follows: - e.g. a 10% assessment equals £3,100, 20% assessment would equal £6,200.
Telecom Members
BT Members are covered on a 24 hour basis for injuries sustained whilst on and off duty. The scheme is presently operated by Zurich Insurance and claims need to be lodged with them within two years of the date of the accident.
A claimant has to obtain their own medical evidence, usually in the form of a Consultant's report, which is submitted to the insurance company. The insurance company's medical advisers make an assessment and a payment is awarded depending on the extent of the member's permanent injuries.
Payments are based on a maximum threshold of four times basic salary, set at a minimum of £10,000 per annum.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Personal Injury Benefit
Members can obtain free legal advice on non-work related issues by phoning the National Help line 0800 8046674. This service is intended to provide guidance only and in the event a Member wishes to engage a Solicitor to act on their behalf, they do so as a private client. The service is available from 08.00-20.00 Monday to Friday.
The Help line may also be contacted by e-mail at this address: cwulegalhelpline@simpsonmillar.co.uk
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
The Help line may also be contacted by e-mail at this address: cwulegalhelpline@simpsonmillar.co.uk
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Solicitors Advice
| The Union is a participant in the Union Law Scheme which is designed to assist members with personal problems. This Scheme is an arrangement between the TUC and the Law Society of England and Wales and the Scottish TUC and the Law Society of Scotland which affords free advice to Trade Union members by participating solicitors on personal issues for approximately 20 minutes. This Scheme does not apply in Northern Ireland, the Channel Islands or Isle of Man. However, our agent solicitors advise on the same basis. A list of participating solicitors is available on request from the Legal Services Department but members should clearly understand that should they instruct a solicitor to deal with an issue on their behalf, they must be personally responsible for any further cost arising. Branches can also seek arrangements locally with our solicitors on such matters as conveyancing, wills etc. The Department also offers advice and assistance on various subjects such as Hire Purchase, Rent Act, Probate of Wills, trouble with neighbours, Sale of Goods Acts, Cancellation of holiday bookings etc. Prior to contacting the department, branches should ensure that every effort has been taken by the member to resolve their complaint. Every attempt will be made by the Department to deal with the matter through correspondence. Exceptionally any complicated issue may be referred to solicitors by the officer for advice only. However, it must be understood that authority will not be given to pursue the case through litigation. |
Medical Negligence Cases
The Union can give consideration to claims for damages arising from negligent medical treatment. However, these cases are difficult and costly to pursue. In the first instance, a full history of the case should be submitted to the Legal Services Department, who will decide whether or not authorisation can be given to proceed with the case further by the involvement of solicitors.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Industrial Diseases
Where members are diagnosed as having one of the prescribed industrial diseases accepted by the DSS, the condition should be registered with the DSS and when accepted, a claim for disablement benefit should be made.
It is necessary for the exact disease to be diagnosed i.e., if a member is diagnosed as suffering from "tenosynovitis", then a claim in respect of prescribed industrial disease A8 should be submitted. However, if the member is diagnosed as having for example, tennis elbow or general R.S.I., a claim is unlikely to be accepted. Whilst it is sometimes difficult for our members to satisfy the DSS regulations so far as occupational deafness is concerned, nevertheless members should be advised to read leaflet N1 207 obtainable from the local DSS office, to see whether they do meet the criteria laid down in the rules on such claims.
Consideration will be given to all claims and the necessary claim form should be submitted to Legal Services Department.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
It is necessary for the exact disease to be diagnosed i.e., if a member is diagnosed as suffering from "tenosynovitis", then a claim in respect of prescribed industrial disease A8 should be submitted. However, if the member is diagnosed as having for example, tennis elbow or general R.S.I., a claim is unlikely to be accepted. Whilst it is sometimes difficult for our members to satisfy the DSS regulations so far as occupational deafness is concerned, nevertheless members should be advised to read leaflet N1 207 obtainable from the local DSS office, to see whether they do meet the criteria laid down in the rules on such claims.
Consideration will be given to all claims and the necessary claim form should be submitted to Legal Services Department.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Damaged Vehicles
| Members who are involved in road traffic accidents off duty who are covered by either comprehensive or third party policies can receive assistance. Cases of this nature are dealt with in-house. If the member is comprehensively insured, the cost of the repairs to his/her vehicle are proper to be dealt with by their own insurance company under the terms of their policy and we endeavour to recover any excess together with out-of-pocket expenses provided the necessary receipts are supplied. Members who are covered for third Party fire & Theft Only, should obtain two estimates for vehicle repair and these will be submitted to the third Party’s Insurance company to arrange an inspection of the vehicle. *In cases where the member does not accept an offer negotiated by the Union, then they are advised to take up their case with an Insurance Arbiter this is done by the member) and the Union is no longer involved. *If the Insurance Company deny liability, as no personal injuries were sustained in the accident, the Union does not issue proceedings. |
Appeal for or Against Ill Health
| In June 1999 negotiations commenced against the background of a review by the Post Office of procedures relating to ill health retirement. The Post Office advised the Union that they were intending to revise the procedures and a series of lengthy and complex discussions took place. The Union's principles aim in the negotiations was to ensure that those individuals able to continue in employment with the Post Office had the opportunity to do so while those who are either unable to work permanently or who could not work for the foreseeable future receive suitable payments to assist them. The last category dealt with the long running issue of around 250 of our members who have been dismissed each year under the unagreed "Phillips Procedures or Medical Severance" i.e. with nothing more than pay in lieu of notice. To conclude an agreement that incorporated all of these objectives it was necessary to revise the earliest definitions for ill health retirement and this has led to it being an extremely complex series of negotiations with the definitions being revised continually over a period of six months until we were at last sure they met our aims. |
Bandit Attack Scheme
This service was introduced due to the high risk members face in their duties.
The Scheme pays £20.00 per week to victims when they are off sick as a direct result of an attack up to a maximum of 104 weeks. Compensation awarded is not payable in respect of the first 7 days of any period of absence related to the attack. Medical certificates and a letter from Management should be provided to confirm the sick leave was as a direct result of the Bandit Attack.
The above scheme is dealt with in-house without the involvement of solicitors and is funded by Union Headquarters.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
The Scheme pays £20.00 per week to victims when they are off sick as a direct result of an attack up to a maximum of 104 weeks. Compensation awarded is not payable in respect of the first 7 days of any period of absence related to the attack. Medical certificates and a letter from Management should be provided to confirm the sick leave was as a direct result of the Bandit Attack.
The above scheme is dealt with in-house without the involvement of solicitors and is funded by Union Headquarters.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Drivers Protection Scheme / Road Traffic Act Prosecution
Under the terms of the above scheme, the Union will assist members with prosecution for breaches of the Road Traffic Act whilst driving official vehicles.
If a plea of guilty is advised, then no representation is provided. (Although written assistance can be given with a plea of mitigation).
If the member is informed by a Solicitor that a "not guilty" plea should be entered, it is essential that the solicitor contacts the Legal Services Department by phone or correspondence explaining why such advice has been offered, in order that consideration may be given to instructing the solicitor to represent our member in Court.
The Scheme does not cover the following:
1) Speeding offences
2) Driving under the influence of alcohol
3) Drug related charges
4) Infringement of seat belt laws
5) Infringement of mobile phone laws
*When Notices of Fines are received members should apply to the Employer for assistance.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
If a plea of guilty is advised, then no representation is provided. (Although written assistance can be given with a plea of mitigation).
If the member is informed by a Solicitor that a "not guilty" plea should be entered, it is essential that the solicitor contacts the Legal Services Department by phone or correspondence explaining why such advice has been offered, in order that consideration may be given to instructing the solicitor to represent our member in Court.
The Scheme does not cover the following:
1) Speeding offences
2) Driving under the influence of alcohol
3) Drug related charges
4) Infringement of seat belt laws
5) Infringement of mobile phone laws
*When Notices of Fines are received members should apply to the Employer for assistance.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Criminal Defence Scheme (On Duty Only)
This Scheme is available for members who request legal assistance when faced with on duty situations at the point where they are charged with criminal offences.
Solicitors specialising in criminal matters are engaged by Headquarters under strict guidelines at the total discretion of the Legal Officer/Committee taking into account the Branch Officers recommendations.
The Union will not pay fines, these are the responsibility of the Member concerned.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Solicitors specialising in criminal matters are engaged by Headquarters under strict guidelines at the total discretion of the Legal Officer/Committee taking into account the Branch Officers recommendations.
The Union will not pay fines, these are the responsibility of the Member concerned.
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
Employment Tribunal Cases
| All issues involving employment law and tribunals are dealt with separately. All enquiries should be made to the Employment Law Department at CWU Headquarters. Branches should note that all enquiries should be made immediately to CWU Headquarters as strict time limits are in force when dealing with employment law matters. |
trupa@cwu.org
Tony Rupa
Head of Legal Services
To contact the department: legal@cwu.org
