Fund for Indemnisation of Victims of asbestos by mmcsx

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									Fund for Indemnisation of Victims
           of asbestos

             Huguette MAUSS
             Manager of FIVA
                   France
        Tokyo, 1st and 2nd February, 2010
 Fund for indemnisation of victims of
          asbestos - FIVA -
Public administrative institution created in 2002 (law of 23
December 2000)

Independent institution under the authority of the French National
Health Insurance Minister and Budget Minister

Institution in charge of the full compensation of damages suffered
by victims of asbestos
     The functioning of FIVA


organization of FIVA

figures
      Organization of FIVA -1-

The administrative council : 22
members
► Defines the compensation policy
► Composed of :
   - A chairman : magistrate at the Court of Cassation
   - 5 representatives of the Government
   - 8 representatives of professional organizations:
     employers' (3) and unions (5)
   - 4 representatives of victims’ associations
   - 1 representative of the French National Health Insurance
     (social security)
   - 3 qualified persons
    Organization of FIVA -2 -

The administrative and medical team :
applies the decisions taken by the
Administrative Council
Permanent staff: 62 persons
  ► Administratives : 60
  ► Medical doctors : 2
  ► Supplemented by contractual doctors for expertise
    (8) and administrative staff to cope with work
    overload (15)
       Organization of FIVA -3-
Review commission of the conditions of
exposure to asbestos
► composed of 5 members: one chairman who is a medical
   doctor, two medical doctors and two engineers

Its role is restricted to reviewing the following
victims’ files
► Not automatically recognized as having been exposed to
   asbestos
► with an insufficient duration of exposure or an insufficient
   environmental exposure

Activity since 2005 : 2,576 registered files
                                       Figures
    Budget in 2009 : allocation from Social Security (315 million
          euros) and from the State (47.5 million euros)

           Years                2006         2007         2008      2009       Total since
                                                                   At this       2002
                                                                   moment
BUDGET                                 402      402          419        401
in million euros
- Including compensation               387      350          416        333      2,329
expenses
- Including administrative             5,2          6,1      7,6        8,12
costs
New victims                       8,929       10,771       6,563       6,645     60,418
Numbers of compensation          19,206       25,579      15,242      17,873
applications
(victims and the
beneficiaries of the victims)
Number of compensation           13,860       14,630      13,254      10,762
offers sent
            Compensations

Possible choices :

► Directly before the courts

► Directly with FIVA
     Victims’ compensation

Indemnified persons

Indemnified pathologies

Indemnified damages

Costs
          Indemnified persons


Professional victims : exposed to asbestos
through their work
Environmental victims : exposed to asbestos
outside of work, that is to say in their personal
environment (home)
The beneficiaries of the victims : when
the victim dies of illness related to asbestos, spouses,
children and grandchildren are compensated
       Indemnified pathologies
Occupational diseases listed in Table 30 of respiratory
diseases :
   asbestosis, pleural plaques, pleural exudate, thickening of the
   visceral pleura, malignant broncho pulmonary degeneration,
   primary malignant mesothelioma of the pleura, of the peritoneum,
   or of the pericardium, other primitive pleural tumors, broncho
   pulmonary primitive cancer
Specific pathologies not recognized as occupational
diseases :
   pleural plaques, pleural mesothelioma and malignant pleural
   primary tumor, other primitive benign pleural tumors
Non-specific pathologies not recognized as occupational
diseases :
   malignancy, pleural thickening, interstitial pulmonary fibrosis.
   These files are submitted to the CECEA
              Indemnified damages
Principle :
 - Full compensation for damages
 - Do not receive any other compensation for the same damage
For the victims
► Economic damages :
   loss of occupational earnings, care costs, additional costs (funeral
   expenses ...)
► Personal injuries :
   functional disability, pain and suffering, physical injury, loss of amenity,
   disfigurement
For the beneficiaries :
  - The potential economic damages
  - The personal injuries: morale + supportive care and attention
If the victim dies before the compensation is paid :
   the beneficiaries receive the compensation that should have been given
   to the victim
Costs since the creation of FIVA
      Average costs by pathology, in euros

Asbestosis                                    36,236
Pleural plaques                               18,655

Pleural thickenings                           20,005

Lung cancer                                  128,760

Mesothelioma                                 122,411
      Sums paid for each pathology
        in euros since FIVA was created


Asbestosis                           81,512,052

Benign diseases                     609,636,752

Lung cancer                         732,719,842

Mesothelioma                        501,546,142
             Procedures


Procedures managed by FIVA

Litigation
Procedures managed by FIVA

 Actions :

 - Medical assessment of the disability rate
 - Creation of the compensation schedule
 - Compensation offer sent to the victim
 within 6 months after the application
           Medical evaluation

► On application only

► Takes into account the functional
  consequences of the pathologies

► Defines the disability rate according to the
  FIVA medical reference code
   The compensation defined
  according to the FIVA scoring
              table

For the victims :
► Functional disability: rates, age of the victim,
  increasing value of the point in the scoring
  table
► Other injuries: disability rate, age of the victim
  at the time the disease was recorded
         Example : for a 50 year-old victim


                   Pleural plaques     Mesothelioma
                      5 % rate          100 % rate
Moral injury           19,300             92,000

Physical injury      100 – 600        27,000 – 32,700

Loss of amenity      700 - 3 000      27,000 – 32,700

Total              20,100 – 22,900   146,000 – 157,400
For the beneficiaries: scoring table for the
      moral injury (extracts) in euros

                 Death-related   Supportive care   Total
                    injury        and attention
Spouse             23,900            8,700         32,600

Children under      16,300           8,700         25,000
25
Grandchildren       3,300                          3,300
              Litigation


At the initiative of the victims who
disagree with FIVA proposal

At the initiative of FIVA
  At the initiative of the victims who
     disagree with FIVA proposal

  Motives :
  - For the insufficient amount of compensation offered by
     FIVA
  - When the 6 months’ maximum delay to receive the
     compensation is over
  - For the rejection of compensation by FIVA


Referral by the victim's lawyer before the Court of
 Appeal
Numbers of litigation for damages
          since 2006

      2006                 693

      2007                1,495

      2008                1,491

      2009                 1,808
                     (at this moment)
        At the initiative of FIVA

  Subrogation litigation against the employers of
  the victims: court of social security cases
► Purpose :
    force the employers to refund FIVA for the
    compensations paid to the victims
► Condition :
    under the condition that the employer is known as
    being liable for an inexcusable fault in respect of
    the employee victim
Number of contentious matters since
               2006

      2006                 719

      2007                 736

      2008                 716

      2009                 787
                    Outlook

► Improve the management of the
  compensation fund by computerizing the
  files, to develop contacts through the Internet
► Reduce the time necessary for
  compensation
► Forecast the future compensation
  costs : number of victims, evolutions of the
  costs for the various pathologies within 3, 5 and
  10 years

								
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