Can I make a claim now the VWF AND COPD schemes are concluded?
Whilst the Chronic Obstructive Pulmonary Disease (COPD) Compensation Scheme is now concluded and no new claims can be made under the Scheme you can choose to make a common law claim (i.e. through the normal court route) if you have not made a claim before. You will need to appoint a solicitor to act on your behalf. Common law rules in relation to costs will apply meaning should your claim be unsuccessful you are at risk for costs incurred defending the claim. For claims relating to Respiratory Conditions (chronic bronchitis, emphysema, small airways disease, Chronic Obstructive Pulmonary Disease and temporary exacerbation of asthma), British Coal Respiratory Diseases Litigation Court Order 2010/190 stated that from 4.00pm on 17 December 2010 the Court stay placed upon claims by Sir Michael Turner has been removed. If you do decide to make a claim then under the British Coal Respiratory Diseases Litigation Court Order 2010/190 it should be issued by your chosen solicitor in the Royal Courts of Justice before Mrs Justice Swift.
The deadline for claims to be submitted under the VWF Scheme was 31 October 2002 for live claimants and 30 January 2003 for deceased claimants. The scheme itself was formally closed by the Court on 1 May 2009. However, new claimants, as well as those claimants who have had their claims denied, may bring a claim against the former British Coal Corporation through common law. You will need a solicitor and normal common law rules apply in relation to costs.
What is the current situation regarding compensation for COPD FOR surface-only workers?
This group was not eligible for compensation under the COPD scheme. This was due to expert medical advice on surface dust levels, recorded by the Institute of Occupational Medicine (IOM). It indicated that although there were dusty conditions on the surface, there was insufficient respirable dust to cause respiratory disease, even over a whole working lifetime. The Department then agreed to carry out a joint study of the effects of surface dust, to be analysed by the parties’ respective medical experts. This agreed with the original IOM conclusion.
Having considered all the information available, the Department’s medical advice was that it would be inappropriate to admit surface-only workers as a group to the Claims Handling Agreement and the Medical Assessment Process for COPD.
The claimants’ solicitors disputed the Department’s position for some time and considered issuing court proceedings against the Department in respect of surface-only workers. To ensure clarity on this issue, the Department co-operated with the solicitors in providing access to documents that could be used in evidence. However, in December 2004 the solicitors advised all parties that there was insufficient evidence to base any group claim, and they were not now going ahead with this attempt to include surface-only workers with the existing scheme.
Following an Order from the Court in July 2007, the cohort of surface workers registered under the scheme was narrowed to around 5,500 claims of those men who worked in Coal Preparation Plants (CPPs) on the surface. This was because it is contended that these workers were most likely to have had exposure to dust. Any claimants not identified as CPP workers have then been eligible to have their claim struck out of the scheme. This action was endorsed by the Presiding Judge and put into force in Court Order 2007/31.
There was a further attempt to bring 4 individual cases to trial in 2008/9, but this was abandoned in October 2009, with costs awarded to the Department.
How do I make a claim for Noise Induced Hearing Loss (NIHL)?
Claims for Noise Induced Hearing Loss (NIHL) need to be made through common law (ie, through the normal court route). You will need to appoint a solicitor to act on your behalf. Common law rules in relation to costs will apply meaning should your claim be unsuccessful you are at risk for costs incurred defending the claim. Once an offer has been accepted in full and final settlement no further claims can be made.
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Previous FAQs provide an insight into some of the common issues which arose and the National Archives version of this web page provides a snapshot of these.