Q. Which employers operate the Compensation Scheme?
A. These are listed here
Q. Who does the Scheme cover?
A. Any current or former employee from a participating organisation with a radiation dose record, who has contracted an eligible disease, as listed in the next question.
Q. What Diseases are covered?
A. The following cancers are included as specified eligible diseases because the parties accept, for the purposes of the Scheme, that they are capable of being caused by radiation:-
|Brain & Central Nervous System
*If you are unsure whether the disease in question is eligible, it is suggested that you contact the scheme and or submit a claim.
Some cancers are excluded because there is no convincing epidemiological evidence that they can be caused by radiation. These are:-
Hairy Cell Leukaemia
Chronic Lymphatic Leukaemia
The Scheme does not consider applications for diseases linked to chemical or mineral agents, such as organic chemicals or asbestos.
Q.Who can submit a claim on behalf of someone else?
A. Claims are considered from "immediate family" members of Claimants:
• Wife, Husband, Partner including same sex
• First line children that is children born of the claimant or legally adopted by the claimant.
Q.Is there anything that a Claimant can do to help speed up the process?
A. If possible, provide any documentation relating to your diagnosis, from the consultant or GP, as this will greatly assist the process. For cataract claims, specific diagnosis is required as not all types of cataract are eligible. For people making a claim for a deceased relative, a copy of the death certificate would also aid this process
Q.Is there a time limit to submitting claims?
A. On the 1st April 2013 the Scheme introduced a 30 year limitation on the submission of claims. The “Baseline” date is taken from either the date of diagnosis or from a death certificate. If you would like to discuss this further in relation to a claim please contact the Scheme.
Q.What’s the best time to submit a claim?
A. As soon as you or your family member has been diagnosed with an eligible disease.
Over time health records on diagnosis may not be readily accessible or available. In the event that a disease is diagnosed as terminal (or later changes to become terminal), interim and/or final payments can be made and adjusted in line with legal practice.
Q.How do I submit a claim?
A. Click here
Q.How long will it take?
A. Collection of the medical, employment and dosimetry data needed to calculate the probability or chance that the cancer in question could have been caused by occupational exposure to radiation should be completed within six months.
If the case is successful and is awarded a payment the Scheme aims to reach a settlement in twelve to eighteen months from the time the claim was first made.
Q.What will it cost? Will it affect my pension?
A.The Scheme is funded by the employers and their unions and there is no cost to the claimant. If a payment is awarded under Scheme your pension will not be affected.
Q.Do I need a solicitor?
A. You do not need a solicitor to submit a claim under the Scheme. The union will act on your behalf. If a claim is successful the union's solicitors will advise you on issues relating to the settlement sum. This is paid for by the employer.
Q.Why do compensation payments vary so much?
A.The actual amount of compensation payable is worked out in the same way as for a successful case in court. Factors such as age, loss of earnings, pain and suffering, family situation are taken into account and are different for each case.
Q.Why should I use the Scheme rather than go to court?
A. The Scheme is more generous to the claimant for several reasons. The Scheme awards payments at lower levels of probability than the 'above 50%, all-or-nothing' criteria used in the courts. The unions have also negotiated 'generosity' factors which are included in the Scheme and which make Scheme assessments more beneficial to claimants. The Scheme is also quicker and less traumatic than the court system.
Q.Why isn't compensation paid automatically to nuclear industry workers who contract cancer?
A.Radiation is only one known cause of cancer. It is not possible medically to identify the reason for a particular cancer occurring in an individual. The majority of cancers occurring in nuclear industry workers will occur naturally and hence automatic compensation is not appropriate. The Scheme's approach in assessing the probability that a cancer could have been caused by occupational radiation exposure is a fair solution for employer and claimant.