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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12075
Experience:  30 years as a practising solicitor.
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Two years ago my son in law was involved in a car accident

Customer Question

Two years ago my son in law was involved in a car accident which fractured his spine and has effectively put paid to his career as a Gamekeeper. He will eventually benefit from an insurance payout but has now been told that the social security payments he and his family have been receiving in the last two years will be subtracted from the insurance payout - is this correct, is it possible?
Also, there is a division of medical opinion regarding whether my son-in-law is or is not fit for Gamekeeping work, following the last medical conducted. The fitness level required to run an estate is extremely high; my son-in-law understands this only too well however the medics deciding this matter have no understanding of the labour intensive nature of the work. I am told that not all medical opinions agree, one or more is apparently of the opinion that he cannot and should not return to Gamekeeping.
Can you please tell me if it is necessary for my son-in-law to pay back the social security benefits paid to him and his family in the last two years, and how the differences in medical opinion can be reconciled to provide a favourable decision.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Yes, any state benefits received as a result of an accident are deducted from monies received as compensation.

As far. The division of medical opinion is concerned, a report should be obtained from a consultant specialising in occupational services who can read the medical evidence, investigate what is involved in being a gamekeeper and give an opinion as to whether your son can go back to his occupation. This type of expert is commonplace in such cases.

I hope this helps. Please leave a positive response so that I am credited for my time.