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Category: Law
Satisfied Customers: 11
Experience:  Moderator
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My daughter has Uncontrolled Temporal Lobe Epilepsy. She is

Customer Question

My daughter has Uncontrolled Temporal Lobe Epilepsy. She is in the ESA support Group If the Government force her to work and she gets an injured at work can she sue the Government for compensation under a duty of care law
Submitted: 29 days ago.
Category: Law
Expert:  Ben Jones replied 28 days ago.

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

Expert:  Ben Jones replied 28 days ago.

Are there jobs she can actually do?

Customer: replied 28 days ago.
Her seizures are uncontrolled they can happen at any time. There is recorded evidence of this Hospital Reports Ambulance Reports. Doctors witness reports.It took all of these reports to get her in to the Support Group in the first place. Stress is one of her triggers and if the Government ask her to attend constant interviews it will put her life in Danger. She has been offered an Operation but it has a fifty fifty chance of leaving her Paralysed. If an Employer were to employ her would they be liable for Damages if she were to injure herself or someone else. If she applied for a Job with your Firm would you employ her.She depends on her income to pay her bills and threats to remove that lifeline would exert more Stress on her and therefore risk more seizures
I believe the Government would be liable if they force her into stressful situations and she was injured or died because of Government Action at least Under the Duty of care they must be responsible.This would be a Landmark case in Law if she were to sued the government this is assuming she was still alive to do so. The Law is supposed to be Blind and in my daughters case it may be which is wrong.
Expert:  Ben Jones replied 28 days ago.

Hi there, the first thing to note is that she cannot be forced to work. She may be told that she should work and also miss out on certain benefits if she does not work but that is not the same as forcing her to work. In the end she still has a choice on whether to take up any employment.

If she does get injured or injures someone else, whether she can sue the Government for compensation will very much depend on what happened. It is not as simple as saying that is an injury occurs, they would be responsible for it. It must be shown that they were negligent to start with, that their actions fell below the standard of a reasonable organisation in their position. Would a reasonable organisation required her to work in these conditions, taking into account her health? After that, any injuries must have been reasonably foreseeable. So if something happens which would be considered reasonably foreseeable for someone with her condition then it could qualify. They must also take measures to try and reduce any risks that may occur. So if they send her to a job where it is clear that injuries could occur but they take no steps to try and reduce any of the potential risks, that could be negligent.

So yes, it is possible to potentially hold them responsible but until something happens it is very difficult to say if it would qualify. If the unfortunate thing happens and an injury occurs, you should consult a personal injury lawyer straight away to see if there is any liability.

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

Customer: replied 28 days ago.
Dear Ben.Thank You for your advice but I do not think you have studied the whole Picture before advising me. I did point out that the Government proposes to send Severely disabled People who are in the ESA Support Group. Whom they have already decided would not be able to Work to Job Interviews because they want in my opinion to save money because if you have taken Medical advise to say that these people are not fit to work then you as an unqualified Minister in the Government to Override Medical Advice. And put Forward a Green Paper to change the Rules which will disadvantage my Daughter and cause her harm. Under the new Proposals. She could be forced to attend an interview with a Person who may not be a Qualified Doctor or a Specialist in her Condition and the chances of them deciding that she is Fit for work. Alot of these Private Firms make more money based upon Paymeny By results Contracts. Under the new Legislation she could be forced to work. If you Google what is happening during these Fit For Work tests then you will find a massive ammount of evidence that the system is unjust and stacked against someone like my Daughter.The Department for Work and Pensions (DWP) has refused to consider an inquiry into its repeated failure to prevent the deaths of benefit claimants, despite the release of damning new information from nine secret reviews.Key information from reviews into the deaths of nine benefit claimants had been requested by Disability News Service (DNS) in April – following the release of 49 earlier reviews – but DWP has only released it now after pressure from the Information Commissioner’s Officer. These were People who were not in the Support Group they were in the ESA working Group who are considered Fit For Work If the new Legislation goes through Parliament then my Daughter could end up as one of those Statistics. I want to try to prevent this. After you have checked the Information I have given you please advise me what to do if she is called in for one of these interviews. In my Opinion the Government are getting away with Corporate Manslaughter I just want to try to stop them Killing my Daughter.
Expert:  Ben Jones replied 28 days ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Nicola-mod replied 27 days ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 27 days ago.
Hello Nicola. The green Paper which is going through Parliament at the Moment will take some time to work through to my Daughter. I am willing to wait for an Answer because it is so important that when they Force my Daughter in to a very dangerous.
situation she has the best Legal advice available. There was an episode of Casualty yesterday which Highlighted a young Patient with my Daughters illness. Will you pass on this information to the Professional who attempt's to answer my question. I do not know how much you know about the case but to get a flavour of the Governments plans. they Propose to try to Force very severe Terminal Ill Patients turn up for Work related interviews Under threat of loosing their allowance if they fail to attend. How heartless can you get, that is why I am very worried about my Daughter. Thank you for your help with this matter.Warm Regards ***** *****
Customer: replied 26 days ago.
Dear NicolaYou have asked me to wait until you sourced a Person who could answer my Question. I can not rate your service until I have an answer from someone who can advise me about my Original Question.Warm Regards ***** *****
Expert:  Nicola-mod replied 26 days ago.
I understand. We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 25 days ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 25 days ago.
Dear Nicola.I want you to continue to search for an answer if you read the United nations condemnation of this Governments treatment of the Disabled It has become a Human Rights matter. Dpac submitted to the UN scores of documents and testimonies detailing the impact on disabled people of a range of policies, including the work capability assessment “fit for work” tests, the bedroom tax, benefit sanctions, personal independence payments and the abolition of the Independent Living Fund.
Customer: replied 24 days ago.
This Video is a bit long drawn out but it is Honest and gives a good answer to the way that the Government has changed the System but it explains what is happening. What I learned working in a UK job centre #WeAreAllDanielBlake Hope this helps to educate us on the Reality of the Welfare State today.
Expert:  Nicola-mod replied 24 days ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 23 days ago.
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 23 days ago.
Dear Nicola.When the Bill becomes Law which forces Severely Disabled individual to attend Work related interviews to try to find some way of stopping their money it will get very bad, we are talking about people who may not have long to live and you are trying to make their last days on this earth as miserable as possible. But since you have been unable to find an expert to assist me then I will have to reluctantly have to accept that fact. Thank you for your efforts in this matter please return my money to the original source.Kind Regards ***** *****

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