| 19.0 Workers Compensation [22 ] Compensation for Industrial Injuries was established in Britain in 1887 requiring employers to compensate employees or survivors of an injury or death. Disease was not covered because science in this area was rudimentary. They aim to provide employees with benefits as soon as possible, during recovery, to ensure they remain viable for employment. Under Industrial Injuries Social Security Payments Act, employees pay National Insurance. If an accident or injury occurs treatment can be claimed if it was caused while in a prescribed occupation, immediately, whoever is at faultand must be "an unexpected happening or incident, and must have occurred in the workplace. If the injury occurs outside of work, as the result of work, it will have to be determined by judicial action". If these requirements are not met, it is not the subject of N.I. It is notable that Farmers and gardeners and part time workers in the USA are excluded from this scheme. If the doctor provides the patient with medical certificate diagnosing industrial dermatitis, it must be taken to a local office of Department Of Social Security. Patient is then refereed to a Medical Practitioner who will instruct them to provide injury benefit. If doubtful it is referred to diagnosis board, for consultation of a dermatologist, if an adverse report is given an appeal may be made to a Medical Tribunal. If the patient has not recovered after 26 weeks, the Medical Board will asses the remaining disability and decide whether it is likely to recover or be permanent, at any stage it is possible for negligence claims to be brought on the part of his employer if he feels that dermatitis was avoidable. 19.1 Private Insurance Cover [28 ] Details of claims under this scheme are complex. If a disease or injury is not prescribed by regulations or if the claimant cannot meet the occupational qualifications, it is not the subject of private employer insurance unless shown to be an accident rising out of employment, as the result of employer negligence. The schemes are generally more complex than the DSS. Contractor and Public Liability Insurance cover other forms of injury or disease if caused by the negligence of employers. 19.2 The Social Security Department Payments May provide monthly benefits for disability to supplement the above compensation if the client is considered to be disabled, injured and unable to work, as a result of a prescribed injury or accident, and be unable to work in any gainful employment. The criteria is that benefits are not available for 5 months, and the injury must have lasted at least 12 months. or resulted in death. Compensation and Disablement allowance cannot exceed 80% of earnings before injury. Other sources of compensation: A contract may be made between the employer and employee if in industrial capacity, independent contractors are not usually covered. 20.0 Problems Associated With Current Compensation [29][ 9] It is immediately obvious that the legislation pertaining to compensation for dermatitis in the horticultural industry is inadequate. First Horticulture and its associated jobs are not classified as a prescribed occupation. Dermatitis from plant origin (expect fungal spores) is not classified as an industrial or prescribed disease or injury. Therefore a horticultural worker, contracting an acute dermatitis from working with plants, will not be entitled to any benefits under the above schemes, it would be assumed to be his own negligence for not having an allergy test or wearing adequate protection. The worker may then have to retire, with no compensation, as employers are reluctant to take back those suffering from dermatitis, because of stigma ignorance or insurance of costs, they will often carry on regardless, in pain, often without treatment. (Chap.6.2) Part time and casual workers are doubly at risk because they will often be working without contract or formal agreement, less than a month at a time, are paid in cash, and therefore do not fall into any category of employment. Because of the inadequase of the legislation, education, promotion and prevention of the disease is not a lawful necessity. Employers are reluctant to take out insurance against such cases, as they cannot be proved. In a tiny minority of cases, if the person is severely disabled by a plant, by negligence of the employer or accident, then to claim compensation he must be 20% disabled as a starting point for claiming compensation, by the time the case has been brought to the authorities, a year or more may have elapsed, and the dermatitis recovered. It importantly does not take into account the damage that person has actually suffered further damage from steroids, prescribed wrongly by doctors. This is a major hamper to recruitment, people may be so disheartened and demoralised after the episode he may feel put off horticulture for life. Dermatitis In the Horticulture Industry By James M. Burton In Association With Pencoed College Copyright 1997. |
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