Claims can be submitted via email, by post, by phone and via the Union.
The Scheme works by taking a claimant's radiation dose records (provided by the appropriate employer) and using this as a basis to assess the probability that the disease diagnosed has been caused by the degree of exposure received. This is known as Causation Probability (CP)
Claimant's dose histories are compiled according to procedures agreed by the employers and the Unions.
The methods used to calculate the probability of causation are allowed to err in favour of the claimant in the interpretation of uncertainties in the basic scientific understanding of the relationship between radiation exposure and the development of cancer.
Once we have received a claim, we will:-
- Contact the employer(s) to seek clarification of an existing or historic employment record and radiation dose record
- Contact the Union to confirm claimants membership, either current or at time of employment/exposure (this is not required if the request is initially submitted via the Union or the Claimant was an MOD or HM Service Personnel employees).
- Obtain required medical diagnosis. We will either contact the Consultant direct requesting a Certificate of Diagnosis, or will contact the Company Medical Officer of the respective employer to obtain required certification
Note: The certificate of Diagnosis is then classified against the International Statistical Classification of Disease (ICD) by the former Independent Assessor from the North West Cancer Intelligence Service (NWCIS)
If someone is claiming on behalf of a deceased relative, this confirmation will still be sought, but it may assist the progress of the claim if we are given a copy of the Death Certificate.
Assuming employment, dose history, Union membership (where required) and medical details are confirmed, a calculation is made of the probability that the cancer or cataract may have been caused by the radiation exposure. The results of this are then passed to the Trades’ Union, who will explain the outcome to the claimant.
If the case has a causation probability of less than 20%, it is deemed to have failed the criteria for payment and the case will be closed (bearing in mind that, in court for a case to be successful through the legal system, a causation probability of 50% must be proven).
If the case has a causation probability of 20% or more, it is deemed to have passed the criteria for payment, subject to confirmation of the dose assessment and the Union's agreement.
Cases which pass the payment criteria proceed to a stage known as "quantum". This is where the employers' and the unions' legal representatives negotiate the value of the settlement. To do this, they use the same procedures that would be used if a claim had been successful in court. The value of "quantum" will vary with each case depending on the actual loss (in terms of earnings and pension) suffered by the claimant and will also include sums for pain and suffering, loss of amenity and number of dependants. Once quantum is agreed, the level of payment awarded to a claimant (or estate if deceased) is determined by the causation probability calculated in their case.
Cases with a causation probability between:
• 20% and 29.9% receive quarter of the quantum value.
• 30% and 39.9% receive half of the quantum value.
• 40% and 49.9% receive three-quarters of the quantum value.
• 50% and over receive full quantum value.
Each year an Annual statement is approved by the Scheme Council which includes a paragraph updating the number of claims and payments made this can be found here