YOU ARE AN EMPLOYER OR INSURER

The IAS mediates between you and (ex-) employees with mesothelioma or asbestosis (and their housemates) about paying compensation. Below is a description of the method.

MEDIATION

The (former) employee makes you liable as (former) employer for the damage he suffers as a result of the disease malignant mesothelioma. The IAS requests you to participate in the mediation in writing on the basis of agreements made with employers and insurers. The mediation costs amount to € 4.185, – excluding VAT (2018).

Within three weeks you will send the IAS the information you have been able to find out about the employment contract of the employee. Think of, among other things, descriptions of the position and work processes, safety measures that you have taken as an employer, and names and addresses of former colleagues who have worked with the employee concerned. You also investigate whether there was or was coverage by a liability insurance.

With the ‘Reaction to liability claim’ form, you inform the IAS whether or not you accept the liability. If you believe that you have been unjustly held liable, you substantiate this rejection with as many arguments as possible.

Mediation is subject to the so-called obligation to (former) employee, that is to say: it is up to the employee to make it sufficiently plausible that he was exposed to asbestos as an employer and as a result suffered damage. If the employee can substantiate this, then you are in principle liable, unless you can prove in turn that either the employee has not been exposed to asbestos, or that you have taken sufficient measures to protect the employee against the hazards of asbestos. If necessary, the IAS will re-examine this.

If you accept liability, or it is determined after your defense, then you are expected to pay the damage amounts.