Asbestos Victim: How to receive compensation from Fiva?

Verified 27 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you suffer from a disease caused by exposure to asbestos or if one of your relatives (parents, children, spouse, etc.) has died due to such exposure, you can ask compensation for your damage to the Asbestos Victims Compensation Fund (Fiva). This body is responsible for reviewing the files and awarding compensation. We present you with the information you need to know.

You can be compensated by the Fiva: titleContent if you are in any 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, parent, spouse, etc.) of a person who died as a result of an illness caused by exposure to asbestos

The procedure for making an application differs depending on your status: direct victim or 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.

However, in any case, your request must be made within a period of 10 years from the date of 1er medical certificate establishing the link between the disease and exposure to asbestos.

Your illness has been recognized as an occupational disease
Online Request

You can apply online from the Fiva: titleContent.

Fiva - Claim for compensation - Victim

The supporting documents to be provided are specified as the online process progresses.

Request by postal mail

You must complete a form with supporting documents. They depend on your situation (example: a medical certificate). All of these documents are specified in the application form:

Fiva - Claim for compensation by the victim (form)

Your file must be sent to the Fiva: titleContent by post.

Who shall I contact

Warning  

Your application will not be accepted if you are:

  • Your file is stapled (prefer paper clips)
  • One of the vouchers is illegible
  • Copies of documents (e.g. ID card, RIB) are on the same page

Your illness has not been recognized as an occupational disease

You must complete a form with supporting documents. They depend on your situation (example: a medical certificate). All of these documents are specified in the application form:

Fiva - Claim for compensation by the victim (form)

You must also complete and attach a specific questionnaire to determine the circumstances of exposure to asbestos:

Asbestos Exposure Questionnaire

The file must be sent to the Fiva: titleContent by post.

Who shall I contact

Warning  

Your application will not be accepted if you are:

  • Your file is stapled (prefer paper clips)
  • One of the vouchers is illegible
  • Copies of documents (e.g. ID card, RIB, etc.) are on the same page

You're a rights holder of the victim

The procedure varies depending on whether your loved one's illness has been recognized as an occupational disease or not.

However, in any case, your request must be made within a period of 10 years from the date of 1er medical certificate to link death to exposure to asbestos.

Your loved one's illness has been recognized as an occupational disease
Online Request

You can apply online from the Fiva: titleContent :

Fiva - Claim for compensation - Victim

The supporting documents to be provided are specified as the online process progresses.

Request by postal mail

You must complete a form with supporting documents that depend on your situation and the harm suffered by the direct victim. All of these documents are specified in the application form:

Fiva - Claim for compensation - Entitled

The file must be sent to the Fiva: titleContent by post.

Who shall I contact

Warning  

Your application will not be accepted if you are:

  • Your file is stapled (prefer paper clips)
  • One of the vouchers is illegible
  • Copies of documents (e.g. ID card, RIB, etc.) are on the same page

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 a specific questionnaire to determine the circumstances of exposure to asbestos:

Asbestos Exposure Questionnaire

The file must be sent to the Fiva: titleContent by post.

Who shall I contact

Within 15 days of receiving your request, the Fiva: titleContent sends you a letter acknowledging receipt of your request.

With this letter, this organization tells you if the file is permissible or not.

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Your file is admissible

If your file is admissible, the Fiva: titleContent tells you when they can offer you compensation.

The delays will be shorter 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

The Fiva: titleContent conduct an investigation to determine if you qualify for compensation. If so, it will send you a compensation offer within a period of 6 months upon receipt of your request.

You must reply by registered letter with acknowledgement of receipt.

If you accept the Fiva: titleContent, you must send the acceptance receipt attached to the offer of compensation and a bank statement.

You will receive the funds in the 2 months according to your answer.

If the offer is accepted, you give up your right to seek compensation from the courts. In addition, new claims for compensation from the Fiva: titleContent are inadmissible unless your disease gets worse or you develop a new disease due to exposure.

FYI  

Rights holders must go through a notary to accept the offer of compensation for the sums that should have been paid to their deceased relative.

Who shall I contact

Right to compensation not yet recognized by a social security body

In the event that your right to compensation has not been recognized by a social security body, the Fiva: titleContent automatically sends an application for recognition of an occupational disease to the Health Insurance.

It may also:

  • Ask you to complete and attach a questionnaire on the circumstances of asbestos exposure (unless it is already in your file)
  • Request additional supporting documents
  • Ask you to undergo a medical examination.

If they believe that you meet the requirements, the Fiva: titleContent sends you an offer of compensation.

You must reply by registered letter with acknowledgement of receipt.

If you accept the offer of compensation from Fiva: titleContent, you must send the acceptance receipt attached to the offer of compensation and a bank statement.

You will receive the funds in the 2 months according to your answer.

If the offer is accepted, you give up your right to seek compensation from the courts. In addition, new claims for compensation from the Fiva are inadmissible unless your illness worsens.

FYI  

Rights holders must go through a notary to accept the offer of compensation for the sums that should have been paid to their deceased relative.

Who shall I contact

Your file is not admissible

If the Fiva: titleContent feels that your file is not admissible, it specifies the missing documents in the acknowledgement letter. You have to provide them with those documents so that the claim can be reviewed.

The decision of the Fiva: titleContent may be challenged if you are in any of the following situations:

  • You feel that the offer of compensation is insufficient in relation to the damage suffered
  • The Fiva refused your claim for compensation (explicit decision of refusal)
  • The Fiva has not replied to you within 6 months (implicit decision of refusal)

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Dispute the offer of compensation

If you are not satisfied with the offer of compensation, the challenge must be made within 2 months from notification of the decision.

Your appeal must include your full name and mailing address and the subject of your application.

It has to be delivered in writing, in duplicate, to the court of appeal competent for your domicile. If you do not live in France, the challenge must be transmitted to the Paris Court of Appeal.

Who shall I contact

FYI  

In the Court of Appeal, you may be assisted by a lawyer.

Who shall I contact

To challenge the explicit decision of refusal

In the case of an explicit refusal decision, the challenge must be made within a period of 2 months after the notification of the decision.

Your appeal must include your full name and mailing address and the subject of your application.

It has to be delivered in writing, in duplicate, to the court of appeal competent for your domicile. If you do not live in France, the challenge must be transmitted to the Paris Court of Appeal.

Who shall I contact

FYI  

In the Court of Appeal, you may be assisted by a lawyer.

Who shall I contact

To challenge the implied decision of refusal

In the case of an implied decision of refusal, the challenge must be made within 2 months following the end of the period in which the Fiva: titleContent should have replied (6 months after acknowledgement of receipt).

Your appeal must include your full name and mailing address and the subject of your application.

It has to be delivered in writing, in duplicate, to the court of appeal competent for your domicile. If you do not live in France, the challenge must be transmitted to the Paris Court of Appeal.

Who shall I contact

FYI  

In the Court of Appeal, you may be assisted by a lawyer.

Who shall I contact

The amount of compensation shall be fixed by the Fiva: titleContent on the basis of a scale drawn up by that body.

This scale is progressive and provides for compensation which differs according to the damage suffered by the direct victim or his beneficiaries.

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Damage compensated to the direct victim

The Fiva: titleContent shall compensate for the damage caused economic, namely:

  • Loss of earnings (loss of wages)
  • Medical expenses to be borne by the victim
  • Additional costs (e.g. fitting-out of the vehicle or accommodation) to be borne by the victim. In order to obtain compensation, you must submit supporting documents (medical certificate, invoices, etc.)

Moreover, compensation covers the said damage personal depending on the severity of your disease and your age. These harms include:

  • Physical harm (e.g. physical pain)
  • Damage to pleasure (consequences of the disease on sports or leisure activities)
  • Cosmetic damage (example: a scar)
  • Pain and suffering (psychological consequences of illness)
  • Functional disability

Compensation is paid by bank transfer on a quarterly or annual basis.

FYI  

The allowances paid by the Fiva: titleContent are not taxable.

Damage compensated to the person entitled

The Fiva: titleContent compensates for the damage suffered by your loved one before his death:

  • Physical harm (e.g. physical pain)
  • Damage to pleasure (consequences of the disease on sports or leisure activities)
  • Cosmetic damage (example: a scar)
  • Pain and suffering (psychological consequences of illness)
  • Functional disability
  • Medical expenses

Within 2 months of the acceptance of the offer of compensation, the sum is paid into the account of your notary. On the day of the succession, it is up to him to pay you the compensation to which you are entitled.

You may also receive compensation for:

  • Funeral expenses
  • Pain and suffering (e.g. emotional pain due to death)
  • Economic harm (e.g. loss of household income due to death)

FYI  

The allowances paid by the Fiva: titleContent are not taxable.

If you have been compensated by the Fiva: titleContent and if your health worsens (or a new asbestos-related disease appears), you can make a new claim.

This request must be made within a period of 10 years from:

  • the date of 1er medical certificate of the worsening of the disease (in case of worsening)
  • the date of 1er medical certificate to link exposure to asbestos to disease (in case of a new disease).

The process can be done online or by mail.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Online Request

You can apply online from theFiva: titleContent.

Fiva - Claim for compensation - Victim

The supporting documents to be provided are specified as the online process progresses.

Request by postal mail

You must complete a form with supporting documents that depend on your situation (e.g. a medical certificate). All of these documents are specified in the application form:

Fiva - Claim for compensation - Worsening of the victim's health

The file must be sent by post to Fiva: titleContent.

Who shall I contact

Warning  

Your application will not be accepted if you are:

  • Your file is stapled (prefer paper clips)
  • One of the vouchers is illegible
  • Copies of documents (e.g. ID card, RIB) are on the same page

The amount of your compensation can be increased if the Fiva: titleContent feels that the harm you have suffered warrants it.

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