[2025] UKUT 365 (AAC)

Three key elements that must be established in order to qualify for IIDB are thus: (a) there has been one or more “accidents” within the meaning of the legislation; (b) that the accidents occurred during the course of employment; and (c) that the accident(s) “caused” the injury. In the present case, the focus is on elements (a) and (c), there being no dispute that the incidents relied on as accidents occurred during the course of employment. Save to the extent set out above, the concepts of accident, injury and causation are not further defined in the legislation, but are questions of fact for the Secretary of State and, in turn, the Tribunal: see R v Industrial Injuries Commissioner, Ex parte Starr (10 July 1974, Thompson J), reported as an Appendix to R(I) 11/74 at 123E-F. Case law does, however, provide some guidance as to approach.