Common rules can apply when claiming an industrial disease

Q. I recently made a claim for Disablement Benefit for an industrial disease. I have received treatment including surgery for the condition but the Department for Work and Pensions (DWP) has stated the condition was not caused by my job. I don’t understand how the claim was unsuccessful. Can I appeal the decision?

A. In order to answer your query in more detail, it would be helpful to know some more about the condition/disease you claimed for, and also how long have you had the health problems (not when the condition was medically diagnosed) that you think was caused by your job.

However, there are common rules that can apply for claims for these types of conditions, which may explain why the claim failed.

With a number of industrial diseases, the relevant regulations state that if a condition developed either during the employment period you think the disease developed or within 12 months of you leaving the job, then there is a presumption the disease was caused by your job.

But if the condition/disease developed after 12 months then you cannot rely on this presumption.

Please note this presumption does not apply to every disease under the scheme (hence why knowing the condition/ disease you made a claim for is important).

So if, for example, you claimed for Vibration White Finger and last used vibratory tools in 1990 but had no symptoms of the condition until 2000, then you cannot rely on the presumption.

Many medical conditions can cause symptoms similar to many of the industrial diseases under the scheme.

The presumption exists to eliminate other possible causes of the condition/disease of which there could be many.

Like any decision you are able to appeal subject to the usual time limits, within one month of the DWP’s decision to a tribunal.

However, it will always be worthwhile seeking specialist advice in order to decide if the appeal might succeed.

• With a range of roles in local Citizens Advice and Witness Service available, volunteers are being sought. If you want to find out more, go to www.citizensadvice.org.uk/

If a condition developed either during an employment period or within 12 months of leaving a job, then there is a presumption the disease was caused by the job. If the condition/ disease developed after 12 months then this presumption cannot be relied upon.