Welfare Issues After Serious Injury

A serious injury can dramatically change your way of life. You may feel uncertain about your financial security and any benefits you receive could change. Our serious injury team offer specialist advice in managing your affairs and benefits after your injury.

You may also find that your benefits situation changes after receiving compensation for your injury. You’ll usually get compensation as a lump sum, which could affect your eligibility for means-tested benefits. Similarly, you might be entitled to new benefits because of your injury.

Our team understands that these are sensitive issues. We’ll assess your situation and explain all your options to you. With our support you’ll have peace of mind that we have the expertise to handle your affairs with care and consideration.

Contact us today on 0800 056 4110 or fill out our online form to discuss how we can help.

What Benefits Am I Entitled To After A Serious Injury?

There are a number of benefits you could get depending on the type and severity of your injury. These include:

• Attendance Allowance
• Carer’s Allowance
• Disability Living Allowance (DLA)
• Employment and Support Allowance (ESA)
• Guardian’s Allowance
• Industrial Injuries Disablement Benefits
• Personal Independence Payment (PIP)
• Statutory Sick Pay (SSP).

It’s also worth checking if you have an insurance policy which provides financial help. These could include health, critical illness or personal accident insurance. Critical illness cover is a type of insurance often included in life insurance. It may have a total permanent disability option or potential pay-outs for lost limbs and other injuries.

You might also qualify for a charity grant. Our team has long-standing links with many charities around the country. We’ll be able to point you in the right direction to access these.

If a loved one has passed away you could be eligible for certain benefits, such as:

• Widowed Parent’s Allowance (if you’re bringing up children)
• Bereavement Allowance (if you’re between 45 and State Pension age).

Visit our page on bereavement for information on the support available after a fatal accident.

How Will Compensation Affect My Eligibility For Existing Benefits?

Your compensation may affect your eligibility for certain benefits, depending on whether they’re means or non-means tested. We can help you set up a personal injury trust to manage your compensation so you can still claim the benefits you got before your injury.

Our specialist solicitors will guide you through the process of setting up a personal injury trust. With the largest Court of Protection department in the country, we’re well-placed to help you manage your funds. We’ll also advise you on issues such as powers of attorney. This is where you give someone else the authority to make legal decisions for you.

The benefits below are non-means tested and your compensation won’t affect them, whether it’s in a personal injury trust or not:

• Attendance Allowance
• Disability Living Allowance
• Industrial Injuries Disablement Benefits
• Personal Independence Payment.

The following benefits are means tested. Your compensation could affect your eligibility to receive them:

• Council Tax Benefit
• Housing Benefit
• Income Support
• Income-based Jobseeker’s Allowance
• Income-related Employment and Support Allowance
• Pension Credit.

Personal Injury Trusts

If you receive any means tested benefits you can use a personal injury trust to avoid losing your eligibility after a compensation claim. Money in a personal injury trust can only be accessed by “trustees” – usually you and at least one other close relative or friend.

Each trustee must agree to any money being released from the trust, but the funds can pay for anything from housing adaptations to mobility equipment.

Our solicitors can give you specialist advice on personal injury trusts. We’ll explain how they work in a clear and straightforward way and advise you on:

• Appointing and removing trustees
• Bank accounts and building societies
• Preparing trust documents
• Tax returns.

See our personal injury trusts page for more information.

The Compensation Recovery Unit

If you’ve received any benefits because of your injury the government may be take this out of your compensation. This is handled by the Compensation Recovery Unit (CRU), to avoid “double recovery”. For example, you might have received Jobseeker’s Allowance while your claim was ongoing, then received compensation for your loss of earnings from the final settlement.

The Compensation Recovery Unit isn’t anything to worry about. You’re not being penalised and our solicitors can help you with any paperwork.

For more information, please see the government page on the Compensation Recovery Unit.

How Can Irwin Mitchell Help?

If you need advice on benefits during or after your personal injury claim, get in touch with our solicitors by calling us on 0800 056 4110 or contacting us online.