Dear Department for Work and Pensions,
My disabled nephew who has autism; learning difficulties, dispraxia and other problems has been found fit for work and one of the questions his mother rose [in his appeal papers] was: 'If he's stressed he will lash out and who will take responsibility if he hurts someone?'
This raised an interesting question and what I [& my nephew's family] would like to ask is:
1) Since corporate manslaughter is an offence in UK law, how culpable in law are you if someone physically or mentally disabled, terminally ill, mentally ill or with degenerating-health problems whom you have deemed fit for work [by a WCA] is forced back into or into work or the work programme and they:
i) kill or injure a third party by accident?
ii) kill or injure a third party by personal attack?
iii) injure themselves by accident?
iv) or they kill themselves by accident?
3) How legally culpable are the WCA disability assessors ATOS, Capita, Maximus, et al when any of the above mentioned examples happen and they have assessed the person as fit for work?
2) When an employee who is off work sick and not yet fit for work ,but, is forced back into work by you, are you culpable if an accident like this occurs? http://www.bbc.co.uk/news/uk-scotland-gl... because they had to go back into work.
4) Are you prepared to pay third party claims for death or injury caused by someone forced into/back to work that has an accident or attacks someone?
5) Do you pay for personal & third party insurance for someone like my nephew [who has born with mental disabilities] when you find them fit for work and they are forced into work or the work programme, in case any of the examples in question one happen? If not why not? Because my sister said she can't be responsible for her son attacking or injuring any one after being forced into the workplace, when he's obviously not fit for work.
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