OTHER CASES AND ACCIDENTS

+Miscellaneous cases – Domestic accidents

Other physical damages can occur:

when practising a sport

from public works on the roadside

domestic accidents in the home

defective pharmaceutical products

when travelling in a plane, a train, or in a tram

It is impossible to make an exhaustive list.

Sometimes it is possible to seek the liability of a third party (a local authority, a sports federation, a transport operator, etc), or to benefit from insurance coverage on physical injury.

Difficulties sometimes occur when one seeks coverage from insurance: frequently the insurer will disagree with the degree of the disability.

+Exposure to nuclear radiation

As of the 5 January 2010, civil and military victims of French nuclear testing are eligible for compensation for their injuries, if they have developed leukaemia (except chronic lymphoid leukaemia) or a cancer of one of the 17 organs listed in the regulations.

The law reverses the burden of proof, since it is up to the government to prove that the victim’s illness was not caused by military testing.

In order claim compensation, it is necessary to demonstrate one has lived at or visited:

between 13 February 1960 and 31 December 1967, the Saharan centre for military experimentation, or between 7 November 1961 and 31 December1967 the Oasis centre for military experimentation, or areas close to these two centres;

between 2 July 1966 and 31 December 1998 in the atolls of Mururoa and Fangataufa, or French Polynesia between 2 July 1966 and 31 December 1974, or;

between 2 July 1966 and 31 December1998 in certain areas of the Hao atoll; or

between 19 July 1974 and 31 December 1974 in certain areas of Tahiti.

These areas are specified in the 11 June 2010 bill, which details the law of the 5 January 2010.

The next-of-kin of deceased victims also have the right to submit a claim for compensation until 4 January 2015.

No condition of citizenship is applied to victims; all that is required is that the victim (or family thereof) is able to demonstrate that he lived near or visited the areas listed in the legislation, within the given timeframes.

Victims must submit their claim to the compensation committee specially created under the 5 January 2010 law. This committee can decide whether to carry out a medical examination and assessment of the victim; the cost of which falls on the defence ministry.

The law specifies that the victims and their next-of-kin are fully compensated for their injuries.

If the claim is rejected, or left unanswered (and as such legally deemed to be a negative answer); or if the amount offered is considered insufficient, the victim or next-of-kin can challenge the decision before the administrative court. One can suppose that the case must be referred to the court within two months of the decision; this tight deadline requires the victim or next-of-kin to be vigilant