RECOGNITION FOR ALL BELGIAN ASBESTOS VICTIMS WITH MESOTHELIOMA OR ASBESTOSIS (SIMONE AARENDONK, POLICY OFFICER OF THE IAS)

Editorial by Simone Aarendonk, policy officer of the IAS. She describes the situation in Belgium, where all asbestos victims with mesothelioma or asbestosis can qualify for compensation as of 1 April 2007.

Touched by the suffering of asbestos victims, Prime Minister Verhofstadt committed himself in 2006 to a settlement that offers compensation to all asbestos victims. On December 27, 2006, the Belgian parliament passed a law that made this possible. This scheme is implemented by the Asbestos Fund, which is organisationally placed under the Fund for Occupational Diseases. The fund enters into effect on 1 April 2007 and has the support of all (damage) parties. Sofie Geeroms, adviser to the Belgian Prime Minister and Christine Bogaerds of the Belgian asbestos victimization association ABEVA gave the IAS an explanation of the new situation.

History of asbestos use in Belgium

According to ABEVA, the asbestos use in Belgium in asbestos yarns and fabrics dates back to the beginning of the last century. The industrial use of products based on asbestos (paper, cardboard, textiles, seals, cords, tresses, etc.) for heat insulation and other insulation dates even from earlier. Prior to the war, asbestos was installed in schools and theaters as fire-retardant material, concert halls as silencer, in swimming pools and shower rooms to absorb moisture. The production of asbestos cement dates back to 1924 when the Eternit factory opened in Kapelle op den Bos. This cement was processed in construction, including in corrugated sheets. In the 70s and 80s the country was flooded with asbestos products. Asbestos production continued in Belgium until 1995. In 1998, five years later than in the Netherlands,

The victims
Belgium currently has no nationwide registration of the number of cases of malignant mesothelioma (pulmonary or peritoneal cancer), a form of cancer caused by asbestos exposure. However, it is known how many people receive an annual benefit due to mesothelioma as an occupational disease. That was 105 in 2005. The total number of national cases is estimated by 200,000 per year by epidemiologist Benoit. He estimates that this annual number will increase until 2015-2020. As in the Netherlands, the occupational victims are both from the primary asbestos industry (production of asbestos materials such as asbestos cement, asbestos textile, brake linings, etc.) and from the secondary asbestos industry (including construction and asbestos insulation). Many people were also exposed to asbestos in shipbuilding and shipyards.

The Asbestos Fund

Until now, Belgium only had a compensation scheme for asbestos victims who had received asbestos disease because of their profession. Sometimes long procedures were needed to prove the relationship with the profession. The Asbestos Fund raises that limitation. From now on, all asbestos victims are eligible for compensation regardless of where and how they came into contact with the asbestos. However, medical diagnoses evenly require mesothelioma or asbestosis. The reimbursements are in accordance with the amounts paid by the Occupational Diseases Fund to occupational asbestos victims. Victims with mesothelioma receive from 1 April 2007 a monthly allowance of at least 1500 euros per month. In the event of death, the surviving partner will receive a one-off amount of 30,000 euros, for each child that is still being maintained 25. 000 euros and for a possible ex-partner with the right to alimony 15,000 euros. The reimbursements for asbestosis are related to the degree of incapacity for work. For the time being, the regulation only applies to asbestos victims with mesothelioma or asbestosis and not, for example, to lung cancer. This is because in the current situation only in these diseases there is an undisputed proven relationship with asbestos exposure. In other diseases, that causal relationship is not yet clear. Should this change, the regulation will be opened to the relevant group. For the time being, the regulation only applies to asbestos victims with mesothelioma or asbestosis and not, for example, to lung cancer. This is because in the current situation only in these diseases there is an undisputed proven relationship with asbestos exposure. In other diseases, that causal relationship is not yet clear. Should this change, the regulation will be opened to the relevant group. For the time being, the regulation only applies to asbestos victims with mesothelioma or asbestosis and not, for example, to lung cancer. This is because in the current situation only in these diseases there is an undisputed proven relationship with asbestos exposure. In other diseases, that causal relationship is not yet clear. Should this change, the regulation will be opened to the relevant group.

The Asbestos fund is financed by the government and all employers 'fifty-fifty'. In the coming year, this means a contribution of 10 million euros each, based on an estimate of 300 victims per year. Self-employed people also contribute. Implementation is entrusted to the Fund for Occupational Diseases, which is already responsible for reimbursements to occupational victims.

According to Sofie Geeroms, advisor to the Belgian prime minister, all those involved are satisfied with the regulation. The victims because with the new regulation they are all quickly recognized in the form of a financial compensation, the employers because the Asbestos Fund offers them economic security. They no longer have to take account of lengthy legal procedures.

Differences with the Netherlands
The new Belgian situation differs in a number of areas from the current situation in the Netherlands. Here the most important differences at a glance.
- Relatives at the IAS in the Netherlands can only submit an application for compensation for material damage, in Belgium for material damage as well as for smart funds.
- Asbestos victims can not currently apply for compensation in the Netherlands. However, this will change in the short term. At the end of 2006, the Dutch cabinet agreed to a compensation scheme for these victims.
- Victims with asbestosis and asbestos-related lung cancer are not yet eligible for a fixed reimbursement via the IAS in the Netherlands. The Belgian Asbestos Fund willingly offer compensation to victims with asbestosis; victims with asbestos-related lung cancer are only eligible for an occupational disease in Belgium.
- In Belgium, employers can no longer legally be held liable for asbestos exposure if the victim is entitled to a reimbursement via the Asbestos Fund. In the Netherlands, the victim can still opt for an application through the IAS or hold the employer liable through legal proceedings.

Simone Aarendonk, April 2007
Policy Officer Institute Asbestos Victims