COMPENSATION FOR VICTIMS OF ASBESTOS.
The compensation procedure by the F.I.V.A. of asbestos victims has many specificities, which it is useful to know in order to avoid delays in compensation.
Asbestos is the cause of several diseases of varying severity, but all of them involving a morbid risk and permanent anxiety, as well as a very long latency period that can go beyond 20 years, asbestos fibers infiltrated in the lungs causing inflammation of the lungs or the pleura.
The mission of the Asbestos Victims Compensation Fund (FIVA) concerns all victims of asbestos exposure.
The FIVA compensation claim is made using a form provided by the FIVA and accompanied by all supporting documents and in particular a medical certificate.
For people with a specific asbestos disease (pleural plaques, mesothelioma), the diagnosis is proof of exposure.
Otherwise, the applicant must produce a medical certificate attesting to the possible link between the pathology and professional activity or the decision to cover the disease under the legislation on occupational diseases by the social security body.
The FIVA only sends an acknowledgment of receipt of the request within 15 days when the file is complete.
It is possible to make a request for a provision on which it is decided within one month of receipt of the request.
If the link between exposure to asbestos and the disease is not presumed by recognition of an occupational disease or the specific nature of the disease, the file is sent to the Commission for the Examination of the Circumstances of Exposure at Asbestos (CECEA), which decides on the link between the disease invoked and exposure to asbestos.
The Fund may also have a medical expertise carried out, the applicant being able to be assisted by the medical adviser of his choice.
Within 6 months of acknowledging receipt of the request, the fund sends its decision by recorded delivery, the deadlines and the means of appeal being specified.
If the conditions are met, the decision includes a costed offer per loss item after deduction of claims from social organizations.
If no decision is notified to the applicant within the 6-month period, there is an implied decision of rejection.
The applicant may contest the rejection decision and also the offer made by FIVA if the amount of the latter seems insufficient by filing an appeal with the court of appeal at his place of residence within the period of 2 months and by notifying the FIVA of his dispute by LRAR.
The acceptance of the FIVA offer is also made by recorded delivery, this acceptance being global, that is to say valid for all damages compensated.
Within 2 months of the acknowledgment of receipt of acceptance of the offer, FIVA settles the compensation into the victim's bank account.
The prescription is 4 years from the date of the first medical certificate establishing the link between the disease and exposure to asbestos and 9 years after the first medical observation of the disease for victims with cancer, the period starting on January 1 of the year following the current year.
The various damages compensated by FIVA are as follows:
1) Damages of direct victims:
a) heritage:
- loss of professional earnings: these are losses resulting from the obligation to stop working or reduce one's professional activity;
- material and care costs: these are the costs that the social body has not covered;
- third party: this position concerns assistance with the gestures of daily life, the hourly rate of the FIVA being that of the minimum wage;
- vehicle and home fitting costs;
b) extra-patrimonial:
- functional damage: the FIVA medical scale is different from other scales and distinguishes several rates which are increased by 1 to 10% depending on other symptoms such as chronic cough or chronic chest pain: 5% for pleural plaques, 8 % for pleural thickening, 10% for asbestosis,
Receivables from social organizations are charged item by item and period by period.
Compensation is provided in the form of an annuity, the value of which is progressive according to the rate of disability, with emphasis on compensation for the most serious pathologies.
When the annuity is less than 500 euros, the FIVA uses a capitalization table, which is specific to it.
- non-pecuniary damage: it depends on the level of functional incapacity, the age, the family situation and the environment of the victim, This damage consists of the only damage caused by anxiety, which repairs the psychological disorders,
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