NASUWT Representatives

28 www.nasuwt.org.ukAccidents at WorkThe NASUWT offers a FREE personal injury legal service that issecond to none. The Union uses only solicitors specialising insuch work.l Members suffering an accident at work should ensure thatdetails of the incident are recorded in the school accidentbook.l The NASUWT Health and Safety Representative shouldinvestigate the accident and note any relevantcircumstances. Sketches, photographs and measurementsmay be taken. Keep copies of everything.l The member should obtain a copy of form BI100A. Thereturn of this form (parts 1-7) registers the injury as workrelatedand will ease any subsequent claim for IndustrialInjuries Disablement Benefit in the event that a full recoveryis not made. In these circumstances, form BI100A shouldalso be used to claim Industrial Injuries Disablement Benefitfor an accident at work.l If the member believes that the accident was caused by thenegligence of a third party, then the Local AssociationSecretary should be contacted in order to arrange for anNASUWT Legal Aid application form to be obtained,completed and returned for assessment to the Legal andCasework Team at NASUWT Headquarters.l Members can also telephone the NASUWT free LegalAdvice Line on 0808 100 2221 to enquire about making apersonal injury claim.l If the employer carries ‘no fault’ Personal AccidentInsurance on behalf of employees, then a protective claimmay be made under the relevant policy, but no action shouldbe taken pending a decision about the possibility ofpursuing proceedings in negligence (see above).Further InformationForm BI100A IndustrialInjuries DisablementBenefit for an accidentat workwww.direct.gov.uk orfrom the appropriateregional benefit centreIf all else fails, there remains the possibility of seeking adiscretionary ex gratia payment from the employer. If such apayment is made, this is entirely at the discretion of theemployer. The member should not seek such a payment untilthe Union and its solicitors have reached a decision about thepossibility of pursuing proceedings in negligence. Adviceshould be sought from NASUWT Headquarters.For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive