DWP Records and Personal Injury Claims: Why What You Tell the DWP Can Affect Your Compensation Claim

If you are making a personal injury claim and receive benefits such as PIP, ESA or Universal Credit, you may be surprised to learn that information you have previously provided to the Department for Work and Pensions (DWP) could become relevant to your compensation claim.

This does not mean that receiving benefits will damage your claim. Nor does having a pre-existing medical condition prevent you from recovering compensation.

The real issue is consistency.

If the information contained in a DWP application, assessment or other record appears to contradict what you have told your solicitor, medical experts or the court, the Defendant’s solicitors may use that inconsistency to challenge your evidence, your credibility and potentially the value of your claim.

At Aston Knight Solicitors, we regularly deal with complex and rejected personal injury and medical negligence claims. One of the important differences in our approach is that we do not simply look at the evidence which supports a claim. We look carefully for potential weaknesses and deal with them proactively.

That is part of The Aston Knight Difference.

Can DWP records be used in a personal injury claim?

Potentially, yes.

Depending upon the circumstances of your claim, the Defendant may seek disclosure of relevant records, which can include information held by the DWP.

This may include information about:

• your physical health;
• your mental health;
• your ability to work;
• your mobility;
• your ability to carry out everyday activities;
• your ability to care for yourself;
• when your symptoms began;
• how severe your symptoms are;
• how your condition affects your daily life; and
• the impact of a medical condition on your employment or independence.

The Defendant’s solicitors may compare this information with:

• your witness statement;
• your medical records;
• medical expert reports;
• occupational health records;
• employment records;
• previous statements;
• information provided to your own solicitors; and
• evidence given at trial.

If there are significant differences, you may be asked to explain them.

Why can inconsistencies be so damaging?

A personal injury claim ultimately depends heavily upon evidence.

A claimant may be required to explain what happened, what injuries they suffered, how those injuries have affected them and how their life has changed.

Medical experts then rely upon the claimant’s account, together with the available medical evidence, when preparing their reports.

If another document later appears to tell a materially different story, the Defendant may argue that the claimant’s evidence cannot be relied upon.

For example, suppose someone tells a medical expert:

“Before the accident I was fit and well.”

But a DWP application made before the accident records significant difficulties with mobility and daily activities.

The Defendant may argue that the claimant has exaggerated the effect of the accident or failed to disclose a pre-existing condition.

The problem may then extend beyond the particular issue recorded in the DWP document. The Defendant may question whether other parts of the claimant’s evidence can be trusted.

This is why honesty, accuracy and consistency are so important in every personal injury claim.

Three examples of how DWP records can create problems

1. A PIP application following a road traffic accident

In one case, a claimant was involved in a road traffic accident.

Approximately a year later, she applied for PIP in relation to a separate health condition which was not directly connected to the accident.

When she was subsequently examined by medical experts for her personal injury claim, she made relatively brief reference to the separate condition.

However, her PIP application described her as having been entirely fit and well before developing that condition and stated that the condition had had a devastating impact upon her life.

The PIP application made little reference to the road traffic accident.

The apparent inconsistency created a significant credibility problem.

The legal advice given to the claimant was that the value of her personal injury claim was at serious risk, with settlement ultimately being considered at a substantially reduced level.

The lesson is not that applying for PIP was wrong.

The lesson is that everything said in connection with a benefit application needs to be accurate and capable of being reconciled with the evidence in any other legal claim.

2. A pre-existing neurological condition

In another case, a claimant had a long-standing neurological condition and was already receiving benefits in connection with that condition before suffering an injury at work.

When subsequently examined by medical experts in relation to the workplace injury, she described herself as having been fit and well before the accident.

Her case was that the workplace injury had significantly worsened her pre-existing condition.

However, the DWP records did not appear to demonstrate any corresponding change in her symptoms around the time of the accident.

Fortunately, a significant settlement offer was made before the Defendant’s solicitors obtained and examined the DWP records.

Had those records been disclosed earlier, the claim may have faced substantially greater difficulties.

3. A separate condition developing after an accident

Another claimant developed a separate medical condition several years after an accident.

The medical records were broadly consistent with the claimant’s instructions and recorded that the condition had been treated relatively quickly.

However, information held by the DWP described the condition as continuing to have a substantial effect upon the claimant’s everyday life.

Although the condition was unrelated to the original accident, the apparent inconsistency raised questions about the claimant’s credibility.

Again, the problem was not the existence of another medical condition.

It was the difference between the accounts recorded in different places.

Does having a pre-existing medical condition damage a personal injury claim?

No.

This is an important point.

People sometimes worry that telling their solicitor about an existing medical condition will weaken their claim.

The opposite can be true.

A pre-existing condition may help explain why an accident has had a particularly significant impact on someone.

For example, someone who already suffers from depression may be more vulnerable to developing a significant psychological injury following an accident.

Similarly, someone may have been coping with a pre-existing physical condition and managing to work and live independently before an accident. The additional injury may then be the “final straw”, leaving them unable to continue working or performing everyday activities.

The law recognises that individuals have different vulnerabilities.

The correct approach is therefore not to hide a pre-existing condition but to understand its relevance and present the evidence accurately.

What if I receive PIP, ESA or Universal Credit?

Receiving benefits does not automatically prevent you from making a personal injury claim.

Nor does it automatically reduce the amount of compensation you may receive.

However, information provided as part of a benefit application or assessment may be relevant to your claim.

For example, a PIP assessment may contain information about your:

• mobility;
• ability to wash and dress;
• ability to prepare food;
• ability to communicate;
• ability to manage medication;
• ability to work;
• ability to travel; or
• ability to undertake other everyday activities.

If that information is materially different from what you later say in your personal injury claim, the Defendant may ask why.

That is why your solicitor needs to know about relevant benefit applications and assessments.

What should I do if I think I have said something different to the DWP?

Tell your solicitor.

Do not ignore it because you think it is unrelated.

Do not assume the Defendant will never find out.

And do not attempt to change your account retrospectively simply because you are concerned about your claim.

Instead, explain exactly what happened.

There may be a perfectly legitimate explanation for an apparent inconsistency.

For example:

• you may have misunderstood a question;
• someone else may have completed the form on your behalf;
• the form may have referred to a particular period of time;
• your condition may genuinely have fluctuated;
• you may have been describing your worst days rather than your average days;
• your condition may have changed since the original statement; or
• the wording used on a form may not accurately reflect what you intended to say.

An experienced solicitor can investigate the circumstances and advise you on the best way to deal with the issue.

Why you should never exaggerate your injuries

The temptation to exaggerate can be extremely damaging.

Your solicitor’s role is not to make your injuries appear worse than they are.

Our role is to establish what actually happened and what the true consequences have been.

A credible claim supported by consistent evidence is considerably stronger than a claim which appears exaggerated.

This is particularly important because personal injury claims can involve significant sums of money and may be closely scrutinised by insurers, Defendant solicitors and the court.

What does “fundamental dishonesty” mean?

Fundamental dishonesty is a particularly serious issue in personal injury litigation.

Where a Defendant alleges that a claimant has been fundamentally dishonest in relation to a claim, the consequences can be severe.

The allegation may arise where the Defendant believes that a claimant has deliberately exaggerated or fabricated an injury, loss or aspect of their claim.

Importantly, a claimant should not assume that an inconsistency automatically amounts to fundamental dishonesty.

There may be an innocent explanation, and the circumstances need to be properly investigated.

However, this is precisely why potential inconsistencies should be disclosed to your solicitor at the earliest opportunity.

The earlier a potential problem is identified, the more opportunity there is to understand it and deal with it properly.

At Aston Knight Solicitors, we specialise in complex and rejected personal injury and medical negligence claims.

Many claims are straightforward.

Others are not.

A claim may have previously been rejected by another solicitor. There may be difficult medical evidence, disputed liability, pre-existing conditions, conflicting records or questions about the extent of an injury.

These are precisely the circumstances in which the quality and experience of your legal representation can make a difference.

Our approach is not simply to collect the evidence which supports your claim. We actively look for the evidence which the Defendant may use against you.

That includes considering whether there are inconsistencies between:

• your instructions;
• medical records;
• DWP records;
• employment records;
• occupational health records;
• previous statements;
• benefit applications; and
• expert evidence.

We would rather identify a potential problem ourselves than allow the Defendant’s solicitor to identify it first.

That is The Aston Knight Difference.

We regularly act for people whose claims are more complicated than they initially appear.

In some cases, another solicitor has already decided that the claim cannot be pursued.

That does not necessarily mean the claim is hopeless.

It may mean that the evidence has not been properly investigated, the medical position has not been fully understood, or an apparent weakness has not been addressed in the right way.

Our focus is on understanding the whole case, including the evidence which may appear unhelpful, and developing a strategy to deal with it.

We have recovered over £8.5 million pursuing rejected cases alone, demonstrating the difference that specialist representation can make when a claim has previously been turned away.

Frequently Asked Questions

Will receiving PIP affect my personal injury claim?

Not necessarily. Receiving PIP or another benefit does not automatically reduce or prevent a personal injury claim. However, information provided in connection with the benefit may be relevant and should be consistent with the evidence in your claim.

Can I claim compensation if I had a medical condition before my accident?

Yes. A pre-existing condition does not automatically prevent a claim. In some circumstances, it may actually be important evidence in establishing the extent of the injury and its impact upon you.

Can the Defendant obtain my DWP records?

Depending upon the circumstances and the relevance of the information, DWP records may become subject to disclosure. Your solicitor should advise you about what records are relevant to your claim and what may need to be disclosed.

What if I made a mistake on a PIP or benefit application?

Tell your solicitor as soon as possible. There may be an innocent explanation, but it is important that the issue is identified and addressed rather than ignored.

Can an unrelated statement affect my personal injury claim?

Potentially. Even where a statement does not directly relate to the accident, the Defendant may seek to use an apparent false or inconsistent statement to challenge your credibility generally.

Should I tell my solicitor about all of my medical conditions?

Yes. Your solicitor needs to understand your complete medical history and circumstances in order to advise you properly. Hiding a condition is far more likely to create problems than being open about it from the outset.

What if another solicitor has already rejected my claim?

A rejection does not necessarily mean that your claim is hopeless. Aston Knight Solicitors specialises in complex and rejected personal injury and medical negligence claims and can consider whether there are grounds for taking the matter further.

Need advice about a rejected or complicated personal injury claim?

If you have been told by another solicitor that your personal injury claim is too difficult, has little value or cannot be pursued, we may be able to help.

At Aston Knight Solicitors, we specialise in claims where the evidence, liability or medical position is more complicated than usual.

We win the cases other firms can’t.

If you have concerns about DWP records, a pre-existing medical condition, conflicting medical evidence or something you have previously told another organisation, speak to us as early as possible.
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