The Compensation Scheme
was started by British Nuclear Fuels Ltd (BNFL) and it's trades'
unions in the light of experience gained from a small number of
legal actions against the Company in the late 1970's. These cases
related to BNFL employees who had died from cancer and the basis
of the actions was that their cancers had been caused by occupational
radiation exposure and the cases were supported by the claimants'
trades' unions. In the aftermath of these cases, the Company
and the unions recognised that the cases had been extremely lengthy
(some had been ongoing for over 5 years), very stressful for the
families of the claimants and very expensive for both sides in terms
of legal costs and expert advice.
It was recognised by both sides, however, that the causation of
cancer by radiation was now well-understood and that it should be
possible to construct a scheme which would evaluate the probability
that a diagnosed cancer may have been caused by radiation exposure
at work. Such a scheme could provide the basis for an alternative
to the normal legal process, but it was clear that to be accepted
it would need to be quicker, more generous to the claimant and cheaper
than the legal process.
Following further joint discussions, the Compensation Scheme for
Radiation-Linked Diseases was
established in November 1982 as a joint agreement between BNFL and its
trades' unions which were
(at the time) IPMS (now Prospect), GMB, TGWU, AEEU (now Amicus) and PCS. At
first it accepted
only mortality claims (i.e. claims where the subject had died from a
radiation-linked disease),
but this was revised in 1987 to allow morbidity claims. As a result of the
success of the Scheme,
it has expanded to include other nuclear employers and their trades'
unions. In 1987 the United
Kingdom Atomic Energy Authority (UKAEA) joined, followed by Urenco
(Capenhurst) Ltd, Magnox
Electric, Nuclear Electric and Scottish Nuclear Ltd (SNL) in 1993, the
Ministry of Defence (MOD)
and the Atomic Weapons Establishment (AWE) in 1994, Devonport Royal
Dockyard Ltd (DRDL) and
Rosyth Royal Dockyard Ltd (RRD) in 1997 and Babcock Naval Services and GE
Healthcare in 2005.
With the expansion across the nuclear industry, other trades' unions have
joined the Scheme and
these are (or were at the time) EETPU and MSF (both now Amicus), UCATT, EMA
(now Prospect),
Unison, the First Division Association of Civil Servants and the AEA
Constabulary Federation (now
the Civil Nuclear Police Federation).
For a full list of current Scheme Employers and participating Trades Unions, please go to the relevant section here
The Scheme works by taking 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. Claimant's dose histories are compiled
according to procedures agreed by the employees and the unions and
include a number of generosities over and above the statutory legal
record. The methods used to calculate the probability of causation
also includes a number of generosities towards the claimant in the
interpretation of uncertainties in the basic scientific understanding
of the relationship between radiation exposure and the development
of cancer. Finally, payments are awarded on a staged scale - the
minimum level at which payment is awarded is a causation probability
of 20%, whereas to be successful in court a probability of 50% would
have to be found (courts call this "the balance of probabilities).
Where cases are successful, the full value of the settlement is
agreed by the employers' and unions' legal representatives (as it
would be for a successful court case) and a proportion of this is
paid, dependent on the causation probability assessed - if between
20 and 29.9%, one quarter of the full value is paid, between 30
and 39.9%, a half is paid, from 40 to 49.9% three-quarters is paid
and for a causation probability of 50% or more, the full value is
paid.
The Scheme is managed and operated by an independent Executive Secretary,
whose job is to run the Scheme on behalf of all the participants,
employers and unions alike. The Executive Secretary is responsible
for the collation of all data relevant to each claim (although this
is provided by the employer or union, as appropriate) and for the
calculation of a causation probability for each eligible case. Once
this has been done, the assessment data is sent to the union responsible
for the case and they will, in turn, advise the claimant of the
outcome.
The Scheme has now been operating for over 29 years and in this time has
assessed 1540 cases and provided advice to many others not otherwise eligible for
consideration. In all,
134 cases have received compensation payments, sharing a total of £7.34
million. The majority of
these payments has been made at levels below the 50% causation probability
and thus is not likely
to have been successful if they had proceeded through the courts.
If you wish to make a claim under the Scheme, please go to the "Making
a Claim" section. |