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- Medical malpractice or physical injury
- Traffic accident
- Accident in the workplace
- Work-related illness
- Victims of violence: normal criminal proceedings and the ‘CIVI’
- Victims of asbestos
- Other cases and accidents
Assessment and compensation of injuries:
The medical scales
The different components of a claim
Their compensation
Assistance by a specialized doctor and lawyer
VanTeslaar law offices
Fees
A compensation fund, called FIVA or Fonds d'indemnisation des victimes de l'amiante (Fund for the Compensation of Asbestos Victims) has been set up for the victims of asbestos. Such victims do not have to bring litigation before a court, but must submit the appropriate documentation to the Fund.
Victims of asbestos can nevertheless sue before a criminal court, or if the illness is work-related, before a Social Security court, or in other cases before an ordinary civil court.
It is necessary to first establish the most appropriate course of action.
Who is eligible for compensation?+Victims of illnesses linked to exposure to asbestos
- is acknowledged as a work-related illness caused by asbestos;
- is considered to have been caused by asbestos (e.g. pleural fibrosis);
- comes from exposure to asbestos in the French territory.
+Heirs of victims
The heirs are the close family, spouse, the common-law husband or wife.
Who pays?
FIVA grants the allowances.
The request must be made within 4 years of the date of consolidation (i.e. when the illness stabilized) or death.
If the illness worsens, a new request can be lodged – also within a period of 4 years – to seek compensation for this deterioration.
What procedure does the FIVA follow?
+Preparing the file and lodging the application
The request must be made to FIVA.
In certain cases it is necessary to include a form relating the circumstances of the exposure to asbestos in order to establish the link between the exposure and the illness.
+Appointment of an expert
FIVA can appoint a medical expert to assess the victim. This is not always done, however.
+The compensation offer
FIVA must make an offer within 6 months from the date when the request is deemed duly completed and acceptable.
The victim has the right to refuse the offer. In this event, or if FIVA rejects the compensation request, legal proceedings can be initiated.
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Sebastian van Teslaar |
