 |
|
|
|
 |
|
|
Once the Executive Secretary
has received your claim, he will write to the employer (or employers,
if you have been employed by more than one Scheme employer) and request
confirmation that you (or the claimant, if you are claiming for a
deceased relative) were actually employed by them and that they hold
some form of a radiation dose record for the claim. Once a reply is
received to this request, and assuming it confirms the basis of the
claim, the Executive Secretary will write to the union and ask them
to confirm that the claimant is a member, or was at the time they
received their exposure. If you have made your claim via your union,
this confirmation is not necessary. For those cases where union membership
is not a requirement (ie. MOD employees and HM Service Personnel),
the MOD have appointed two solicitors (each of whom are experienced
in representing the unions in Scheme cases) to perform the same function
as would the union. The cost of this service is paid by the MOD. Once
employment, dose and medical data are confirmed, the Executive Secretary
will write to claimants in these cases and ask which solicitor they
wish to appoint.
The Executive Secretary will also write to the employer's nominated
officer responsible for confirming the medical details of the claim
- this is usually the employer's chief medical officer, although for
BNFL and UKAEA claims, the Executive Secretary is authorised to do
this. If you are claiming on behalf of a deceased relative, this confirmation
will still be sought, but it may assist the progress of the claim
if you provide the Executive Secretary with a copy of the Death Certificate.
Assuming employment, dose history, union membership 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. At this stage, if you have any doubts or
concerns about your claim, you should tell the union about them.
If your case has a causation probability of less than 20%, it is deemed
to have failed the criteria for payment (bearing in mind that, in
court, a case would fail with a causation probability as high as 49%).
In this case, the case will be closed. If your 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 as would be used for a claim which
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 fraction applicable (which depends on the causation
probability calculated) is used to calculate the sum paid to the claimant
(or to their estate if they are deceased). Cases with a causation
probability between 20% and 29.9% receive one quarter of the quantum
value; probabilities between 30% and 39.9% receive one half; between
40% and 49.9%, three-quarters of the full value is paid and for cases
with causation probabilities of 50% or more, the full value is paid
to the claimant.
It should also be noted that, for a few cases, the scientific basis
used by the Scheme is subject to external factors (for example, the
effects of smoking for respiratory cancer cases) or vary sharply with
small changes in the case data. For these cases, a report is prepared
for consideration by an Expert Panel and it is this Panel which determines
whether the case will receive payment and at what level. The Panel
is made up of recognised independent experts in those areas appropriate
to the types of case which might be referred to them. The Panel members
are appointed by agreement between the employers and the unions; none
of the Panel members are employees of the Scheme employers or the
unions. This ensures their decisions are seen to be as independent
as possible. The types of case which are referred to the Expert Panel
are:
|
» |
All leukaemia cases where there is radiation exposure
before the age of 21; |
| » |
Respiratory cancers where the causation probability
is 15% or greater and there is some history of smoking; |
| » |
Female breast cancer where the causation probability
is 15% or greater |
| » |
Thyroid cancer where the causation probability
is 15% or greater |
If your case is to be referred to the Expert Panel, you will be informed
by your union. |
|
|
|
|
