PROBLEMS IN OBTAINING COMPENSATION FOR ASBESTOS
It takes a long time from the moment of exposure to the moment the disease reveals itself. [4] Many problems in obtaining compensation are related to the fact that exposure to asbestos is so long ago. Another problem is that at the time of exposure, often in the second half of the last century, employees were not aware that they were working in an environment where asbestos occurred and could not adequately recall this.
The different problems are described below:
The employer no longer exists
After all these years, the original company no longer exists as a result of bankruptcy, company closure, takeover or merger. Another time a company can not be found. But sometimes the legal successor of the company still exists or the insurer can be found. If the original company no longer exists, the IAS tries to find out who the legal successor is, or whether there is an insurer that may handle the matter.
There is no proof of employment
Since the workforce of the company has often changed completely over time, the former employer / legal successor will want to know for sure whether the asbestos victim has had an employment contract during the period in question. For example, a pay slip can offer a solution. The IAS can help to demonstrate the employment in another way.
The exposure is disputed by the employer
Sometimes it is not obvious to the employer or insurer that the victim was exposed to asbestos at the time. The victim will then have to prove that actual exposure has taken place. Testimonials by former colleagues, description of work processes, photographs or other evidence can help. The IAS supports the asbestos victim to collect the supporting documents.
The claim is barred
The employer can appeal to prescription of the asbestos victim’s claim. The prescription starts at the last moment of exposure to asbestos. For asbestos victims, a limitation period of thirty years applies. Often the disease only occurs after thirty years and the claim of the victim is therefore already barred. Considering the reasonableness and fairness, there are employers and insurers who, incidentally, do not invoke prescription in claims of asbestos victims.
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