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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47416
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I am having to take ill health retirement from the nhs. I am

Resolved Question:

Hi. I am having to take ill health retirement from the nhs. I am 55 yrs old and intended to work until 65 as l have no government pension until l am 66. I will get a pension but lose out on thousands as unable to work at all. Can l claim compensation? Thankyou
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 10 months ago.
Hi. I am a nhs nurse taking ill health retirement early due to a spinal injury. I am 55yrs old and wish to work until l was 65 as l don't get a government pension until l am 66. Can l claim for loss of wages as l am losing out largely . Thankyou.
Expert:  Ben Jones replied 10 months ago.

Hi there. How long have you been employed for please?

Customer: replied 10 months ago.
26 years
Customer: replied 10 months ago.
l would rather you type so l can print it out! thankyou
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Thankyou very much.
Expert:  Ben Jones replied 10 months ago.

No problem at all

Expert:  Ben Jones replied 10 months ago.

Just to check what compensation re you after, was the employer at fault for your injuries? Did they not find you alternative employment that you may have taken to avoid having to retire?

Customer: replied 10 months ago.
HI Ben.
The nhs are taking part responsibility as l cannot totally prove l did my back in with them. It was wear and tear and the nhs has said they accept my job did have an affect on it. . I had a MRI which shows the disc has totally fragmented and no consultant is prepared to operate. I cannot drive anymore either. DVLA have revoked my licence. I ma hoping to get level 2 ill health retirement. I am just waiting to see occ health doctor before it goes before pensions. But with still 10 years to work, l am to lose out a lot. Occ health have stated after a lengthy interview l can no longer work. Thankyou
Expert:  Ben Jones replied 10 months ago.

Thank you. There are only two possible ways to claim here – one is for constructive dismissal, the other for personal injury.

Constructive dismissal occurs when you are forced to resign as a result of the employer’s unreasonable behaviour. To be honest I do not really see this as being a constructive dismissal claim and they are generally quite difficult to prove anyway.

So the only other option is for personal injury claim, where you are going to argue that the employer’s negligence had caused you the injuries in question and it would allow you to potentially claim for the injury itself and any associated costs/losses, such as treatment or loss of earnings. However, you would have to prove that it was the employer’s negligence that caused you this. The fact that they have admitted that they are partly responsible can assist you but if it as only partially their fault then their liability may be limited. You also have to ensure that you are within time to make a claim as one needs to be submitted within 3 years of the injury taking place, or in the case of latent injuries which do not manifest themselves immediately but at a later stage – 3 years from time of diagnosis.

I suggest you consider going to see a personal injury solicitor to see if you have a good claim – many can give you a free initial consultation and it will provide you with an opportunity to determine if it is worth taking this matter any further. If it is they can also potentially agree a no win no fee representation with you to take this down the legal route.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
thankyou Ben.
Expert:  Ben Jones replied 10 months ago.

You are most welcome