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Industrial injuries benefit

PostPosted: Mon Aug 04, 2014 7:49 pm
by Olpk
Hello I am new to Fibro having been diagnosed in June after 15 years of issues.

I was injured at work 15 years ago and the rheumatologist has indicated this as a trigger as I've had problems ever since.

My condition has deteriorated so I submitted a change form to Industrial injuries and had the joy of an Atos medical a few weeks ago.

I have had 20% level for some years due to damaged knees and ankle and my employer is looking to retire me.

The Doctor who assessed me was friendly but refused to discuss Fibro and wouldn't include it in his written assessment. I provided medical reports confirming deterioration.

The result came today and they have maintained me at 20%.

They have stated Fibromyalgia is constitutional hence have not considered it.

It's funny how they won't consider it but have ignored all of my reassessment issues and I can only think they are stating all of my problems are Fibro and not a worsening of my condition.

Sorry to harp on but my question which I can't seem to find an answer to is

Has anyone had Fibro as a result of an injury at work and had industrial injuries benefit increased because of it?

Re: Industrial injuries benefit

PostPosted: Tue Aug 05, 2014 12:53 am
by zappa20
Difficult one this, as Fibro can be caused by many different triggers, physical and emotional. Is your rheumatologist willing to put that in writing.

Still I don't understand why if you've produced reports like MRIs etc showing physical deterioration in the injuries caused by your accident , why they can dismiss it as pain caused by Fibro?

Have you tried me asking your question on the legal Brian Barr section of the forum, as he sounds like the right place to ask your question.

Re: Industrial injuries benefit

PostPosted: Tue Aug 05, 2014 8:55 am
by Olpk
I have seen an Orthopaedic consultant and a Rheumatologist.

The Ortho confirmed I now have Osteoarthritis in my injured ankle , Petto femoral degeneration in my knees which has been present since injury and the injuries have caused Osteoarthritis in my hips . This as well as the tibia and fibula in my lower leg have melted together and no longer operate as they should.

So physical changes are arthritis and the joining of the bones.

The rheumatologist confirmed Fibro and gave a report stating it was triggered by my injuries (3 in one year, injuries to both knees and one ankle).

I have now received a letter from my Rheumatologist after I submitted questions to him for clarification.
He now confirms the premature Osteoarthritis of my ankle and hips is caused by my injures.

so basically industrial injuries are ignoring the physical changes and are stating the Fibromyalgia is constitutional which to me suggests they do not see the connection to my injuries and are just saying it caused by genetics.

Do they normally totally discount Fibro or has anyone managed to get them to agree its part of their injury.

Re: Industrial injuries benefit

PostPosted: Tue Aug 05, 2014 10:04 pm
by denys
Im afraid I dont think we are qualified to answer this question, but have you thought of asking Brian Barr, he has a law firm and they specialise in FM so maybe he would be able to give you some advice and/or direction. There is a board on here that you can post on or look on the front page of the site which has a contact telephone number. I hope you can get some clarification over this and get a positive outcome :goodluck1:

Re: Industrial injuries benefit

PostPosted: Wed Aug 06, 2014 10:01 am
by Olpk
Yes thanks I will have a look on there.

I didn't really want advice just wanted to know if a fellow sufferer had claimed industrial injuries benefit and had Fibro accepted as a result of the injury.

Re: Industrial injuries benefit

PostPosted: Wed Aug 06, 2014 10:23 am
by denys
There was someone but he hasnt been on for a long time, he had hurt himself while working, he was using a hand truck I think. Sorry I misunderstood

Re: Industrial injuries benefit

PostPosted: Thu Sep 18, 2014 3:40 am
by Iceskatemum
Hi Olpk,In short No it doesnt seem to be used in a claim for industrial Injuries

I fell at work in 2009.was off work for approx 10 months and was then advised to try for an Industrial Injuries Benefit . so filled out form with all the details and began a waiting game. Was eventually told I had been successful in my claim for Industrial injuries benefit. and received them at 23%in October 2010.

Unfortunately the pains in my back didn't lessen and got pain & over whelming fatigue else where as well. This led to a dx of fibro in Feb 2012 but when I went for reassessment for the Industrial Injuries benefit Fibro was not taken into account and I remained at the same payment level . The reason being that it would be almost impossible to prove the fibro was caused by the fall.

Have recently been reassessed again for a third time ,& I once again failed in getting the fibro included in any review for an increase in Industrial benefit this time I was advised that he couldn,t be sure if the pain was from the Fm or from my bad back'.

This is maybe not what you wanted to hear but good luck with your quest