Incapacity Benefit/Employment Support Allowance
Incapacity Benefit has been replaced by Employment & Support Allowance.
If you have suffered a personal injury and cannot work you may be entitled to seek ESA. You will need to undergo a work capability assessment to determine the extent of your illness or disability and how this affects your ability to work.
You may get ESA if your illness or disability affects your ability to work provided you are under the state pension age and not in receipt of Statutory Sick Pay. You can apply for ESA if you’re employed, self-employed, unemployed or a student on Disability Living Allowance or Personal Independence Payments. It is even possible to undertake a small amount of work and retain full ESA payments, subject to strict rules.
For further information contact your local benefits office or visit the Government web site.
Any payments received would be deducted from any damages for loss of earnings obtained as part of your claim for personal injury compensation and would have to be repaid to the Compensation Recovery Unit. This would only be up to the date of trial or any earlier settlement.
Any compensation obtained from a personal injury claim may be taken in to account for continuing eligibility to ESA. It may be possible to avoid this however by entering in to a personal injury trust.
At Sintons our personal injury specialists can advise you on issues relating to state benefits and how they may affect your claim. All claims for personal injury compensation are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.