Asbestos Compensation in Europe

Asbestos Compensation in Europe

Asbestos was considered as a real present: it is inflammable, cheap, very easy-to-use and highly comfortable material for various uses. However, it turned out it had one big shortcoming – it is dangerous for health.

People who were exposed to asbestos often suffer from severe and even fatal diseases and try to find compensation for that damage. In Europe the situation with these cases varies in different countries. For example, in France a victim of exposure has to file a claim via FIVA, the Fund for Victims of Asbestos Exposure. This fund is aimed at making the procedure of obtaining asbestos compensation maximally simple and quick for claimants. Each claimant receives a compensation offer within 6 months after filing a claim. This offer can be refused, but then the only option remained is filing a lawsuit. According to FIVA statistics, the amount of payments is about E275,000 for mesothelioma cases. The money for such payments comes into the fund from employers and their insurers.

In Germany the compensation for asbestos-related damages is the responsibility of employers. They act through the insurers, paying for premium plans that cover any liabilities. Since 1980 more than 11,000 people died from asbestos-related conditions in Germany. By 2020 this figure is predicted to grow up to 30,000. It is obvious that insurers will not cover all requests for compensations and it is unclear where to take money for all the claims.

In Netherlands there is a limitation: a claim for asbestos compensation can be filed only within 30 years after being exposed to it. The Institute for Asbestos Victims (IAV) helps people who match this criterion to get their payment. In average this organization pays E50,000. If the exposure happened more than 30 years ago, such claim can be made from the Government Asbestos Institute (GAI). The amount of compensation will be smaller, and average payment is E17,000. Both these options are available only for mesothelioma patients. If there is another asbestos-related disease, the only chance to be compensated is filing a lawsuit against an employer. As a rule, such claims are compensated by insurance companies.

In the United Kingdom there are three ways to get compensations of such kind. The first one is suing an employer or another company that is responsible for the exposure. Another option is to address the claim for compensation to the Department of Work and Pensions. According to the system of benefits a claimant will be compensated. And one more chance is claiming under the 1979’s Pneumoconiosis, etc (Workers Compensation) Act. In average a claimant with mesothelioma gets around £100,000. In case of other asbestos related diseases a claimant will get about £50,000 in average.

In Italy asbestos claims are also filed from the special organization, INAIL (from Italian it means National Insurance for Accidents at Work). There is no need to sue employer, asbestos-related injuries are covered by the insurance. However, the character of compensation in Italy is different: a victim of asbestos exposure gets the increase of salary, early retirement and the raise for pension.

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