Asbestos victim: how to be compensated?
Verified 16 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Are you suffering from a disease caused by exposure to asbestos? You are entitled to compensation from the State for the damage suffered. You can also receive compensation if a loved one dies from an illness caused by asbestos exposure. In the 2 cases, you must send a claim to the Asbestos Victims Compensation Fund (Fiva). This body is responsible for reviewing the files and awarding compensation.
You can be compensated by the Fiva if you are in one of the following 3 situations:
- You have been exposed to asbestos in the workplace and you suffer from a disease related to this exposure (disease recognized as being of professional origin or not)
- You have been exposed to asbestos outside the workplace and you suffer from a disease related to this exposure
- You are the person entitled to it (child, spouse...) of a person who died as a result of an illness caused by his exposure to asbestos
There is one procedure for the direct victim and another for the victim's rights holder.
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You're a direct victim
The approach varies depending on whether your illness has been recognized as an occupational disease or not.
Your illness has been recognized as an occupational disease
You must complete the claim form.
Fiva - Claim for compensation - Victim
The application must be accompanied by the documents specified in the form for your situation.
The file must be sent by mail to the Fiva.
Who shall I contact
Asbestos Victims Compensation Fund (Fiva)
For a question concerning a claim for compensation or the status of a case under investigation
By telephone
081 90 24 94
Toll-free number
Monday to Friday from 9:30 am to 6 pm (Saturday from 9 am to 12 pm to submit a message and be called back on Monday morning)
On the spot
Fiva
Altai Tower
1, place Aimé Césaire
93102 MONTREUIL CEDEX
Attention: it is mandatory to make an appointment by telephone.
By email
You must make the claim to the Fiva in the 10 years after the 1er medical certificate establishing the link between the disease and exposure to asbestos.
Your illness has not been recognized as an occupational disease
You must complete the claim form.
Fiva - Claim for compensation - Victim
The application must be accompanied by the documents specified in the form and the following questionnaire must also be completed:
Asbestos Exposure Questionnaire
The file must be mailed to the Fiva.
Who shall I contact
Asbestos Victims Compensation Fund (Fiva)
For a question concerning a claim for compensation or the status of a case under investigation
By telephone
081 90 24 94
Toll-free number
Monday to Friday from 9:30 am to 6 pm (Saturday from 9 am to 12 pm to submit a message and be called back on Monday morning)
On the spot
Fiva
Altai Tower
1, place Aimé Césaire
93102 MONTREUIL CEDEX
Attention: it is mandatory to make an appointment by telephone.
By email
You must make the claim to the Fiva in the 10 years after the 1er medical certificate establishing the link between the disease and exposure to asbestos.
You're a victim's rights holder
The procedure varies depending on whether your loved one's illness has been recognized as an occupational disease or not.
Your loved one's illness has been recognized as an occupational disease
You must complete the claim form.
Fiva - Claim for compensation - Entitled
The application must be accompanied by the documents specified in the form for your situation.
The file must be sent by mail to the Fiva.
Who shall I contact
Asbestos Victims Compensation Fund (Fiva)
For a question concerning a claim for compensation or the status of a case under investigation
By telephone
081 90 24 94
Toll-free number
Monday to Friday from 9:30 am to 6 pm (Saturday from 9 am to 12 pm to submit a message and be called back on Monday morning)
On the spot
Fiva
Altai Tower
1, place Aimé Césaire
93102 MONTREUIL CEDEX
Attention: it is mandatory to make an appointment by telephone.
By email
You must make the request within 10 years after the 1er medical certificate establishing the link between the death of the exposed person and this exposure.
Your loved one's illness has not been recognized as an occupational disease
You must complete the claim form.
Fiva - Claim for compensation - Entitled
The application must be accompanied by the documents specified in the form for your situation.
You must also complete and attach this questionnaire:
Asbestos Exposure Questionnaire
The file must be sent by mail to the Fiva.
Who shall I contact
Asbestos Victims Compensation Fund (Fiva)
For a question concerning a claim for compensation or the status of a case under investigation
By telephone
081 90 24 94
Toll-free number
Monday to Friday from 9:30 am to 6 pm (Saturday from 9 am to 12 pm to submit a message and be called back on Monday morning)
On the spot
Fiva
Altai Tower
1, place Aimé Césaire
93102 MONTREUIL CEDEX
Attention: it is mandatory to make an appointment by telephone.
By email
You must make the request within 10 years after the 1er medical certificate establishing the link between the death of the exposed person and this exposure.
You can get help to complete the file from the National Association for the Defense of Asbestos Victims (Andeva).
Who shall I contact
After receiving the request, the Fiva will send you within 15 days an acknowledgement of receipt that indicates whether the file is permissible or not.
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Your file is admissible
If your file is admissible, the Fiva will tell you the date on which it can make you a compensation proposal.
The date will be closer if the health insurance has already examined your file and decided that your health condition requires compensation.
Right to compensation already recognized by a social security body
FIVA reviews the claim and if they believe you qualify for compensation, they will send you an offer of compensation. You must respond by registered letter with acknowledgement of receipt to indicate whether or not you accept Fiva's offer of compensation.
You accept Fiva's offer of compensation
If you decide to accept the offer of compensation, you must inform the Fiva by registered letter with acknowledgement of receipt. You will receive the funds within 2 months of your response.
In this case, you can no longer go to court to seek compensation for asbestos-related harm. You can no longer make a new claim with the Fiva. However, in case of aggravation of your illness, you can make a new claim for compensation with the Fiva.
You do not accept Fiva's offer of compensation
If you feel that the amount of the compensation is insufficient, you must inform the Fiva by registered letter with acknowledgement of receipt. You can then appeal against the Fiva's decision.
Right to compensation not yet recognized by a social security body
Fiva sends you a questionnaire about the circumstances of asbestos exposure.
They may also ask you for supporting documents that establish the link between the disease and exposure to asbestos and require medical expertise.
If a medical examination is requested, you will be informed 15 days before the expected date of the circumstances of its conduct: date and place, identity of the doctor and subject of the examination.
You can request that the date of the review be changed.
You can also ask the Fiva to reimburse the costs incurred by the expertise: travel expenses, loss of income...
After the expertise, the expert sends you his report at the same time as to the Fiva.
The Fiva is studying the expert's report.
If the Fiva believes that you meet the conditions to be compensated, it will send you an offer of compensation. You must respond by registered letter with acknowledgement of receipt to indicate whether or not you accept Fiva's offer of compensation.
If you accept Fiva's offer of compensation, you will receive the funds within 2 months.
You can no longer go to court to seek compensation for asbestos-related harm. You can no longer make a new claim with the Fiva.
However, in case of aggravation of your illness, you can make a new claim for compensation with the Fiva.
If you feel that the amount of compensation is insufficient, you must inform the Fiva by registered letter with acknowledgement of receipt. You can then appeal against the Fiva's decision.
Your file is not admissible
If the Fiva considers that your file is not admissible, it specifies in the letter of acknowledgement of receipt the documents that are missing. You must submit the documents for the claim to be reviewed.
If you are not satisfied with the Fiva's decision, you can challenge it in court.
You can challenge the Fiva's decision to refuse compensation.
If the Fiva agrees to compensate you, you can also dispute the amount offered.
Dispute the refusal of compensation
If the Fiva makes a decision to refuse and communicates it to you, it is an explicit decision to refuse.
If the Fiva does not take a decision within 6 months of acknowledging receipt of the application, it is considered to be an implicit decision of refusal.
You can challenge the 2 types of refusals.
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To challenge the explicit decision of refusal
The challenge must be made within 2 months after the notification of the decision.
The appeal must be lodged in writing before the Court of Appeal competent for your domicile.
FYI
you don't have to hire a lawyer.
To challenge the implied decision of refusal
In the case of an implied refusal decision, the challenge must be made within 2 months of the birth of the decision (6 months after the acknowledgement of receipt).
The appeal must be lodged in writing before the Court of Appeal competent for your domicile.
FYI
you don't have to hire a lawyer.
Dispute the amount of compensation
If you feel that the amount of compensation offered by the Fiva is not sufficient in relation to the extent of your damages, you can contest it.
The appeal must be lodged within 2 months of notification of the decision.
The appeal must be lodged in writing before the Court of Appeal competent for your domicile.
FYI
you don't have to hire a lawyer.
The amount of compensation is fixed by the Fiva on the basis of a scale established by the institution and according to your situation.
The purpose of the compensation paid is to enable you to receive full compensation for all the damage suffered as a victim or as a close relative of a victim.
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Direct victim
Personal and economic harm can include the following:
- Functional disability (reduction of physical strength)
- Physical harm (damage to body part, organ or limb)
- Pain and suffering (pain and suffering caused by illness)
- Damage to the enjoyment (inability to engage in leisure activities)
- Aesthetic damage (distortion of physical appearance, e.g. face)
- Actual professional injury (loss of income)
- Health costs to be borne by you
- Other additional costs: hiring a home care worker, fitting out of the vehicle and accommodation, etc.
Victim's relative
Personal and economic harm can include the following:
- Accompanying damage (absence of the deceased relative in everyday life)
- Personal moral injury (suffering and pain caused by death of loved one)
- Loss of amenity (inability to engage in leisure activity due to death of the relative)
- Actual economic loss (financial loss caused by death of the relative)
- Health expenses of your loved one remaining at your expense
- Other additional costs: funeral expenses, vehicle and accommodation fit-up, etc.
If you have been compensated by the Fiva and your health is getting worse (or a new asbestos-related disease appears), you can apply for compensation again.
You must complete the form provided for this situation and attach the supporting documents requested:
Fiva - Claim for compensation - Worsening of the victim's health
The file must be sent by mail to the Fiva.
Who shall I contact
Asbestos Victims Compensation Fund (Fiva)
For a question concerning a claim for compensation or the status of a case under investigation
By telephone
081 90 24 94
Toll-free number
Monday to Friday from 9:30 am to 6 pm (Saturday from 9 am to 12 pm to submit a message and be called back on Monday morning)
On the spot
Fiva
Altai Tower
1, place Aimé Césaire
93102 MONTREUIL CEDEX
Attention: it is mandatory to make an appointment by telephone.
By email
The amount of your compensation may be increased if the Fiva considers that the damage you have suffered justifies it.
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Ministry of Health