The Council of Ministers approved the Royal Decree with the regulatory development of the Compensation Fund two and a half years after the approval, despite the fact that the period set for that task was three months. In addition, the decree will enter into force for three months of his publication.
On Tuesday, the Council of Ministers approved the Royal Decree with the regulatory development with which the victims of asbestos have access to the help of the Compensation Fund -that oscillates Between 32,000 and 96,000 euros– two and a half years after approval.
In October 2022, the law on creating a compensation fund for the victims of Amento was approved, which gave a period of three months to draw up these regulations.
As Minister of Education, Professional Training and Sports and Spokesperson for the Government, has been advanced, Pilar JoyIs the green light given to this regulation that determines the requirements and procedure to recognize the right of economic reimbursements to the victims of this carcinogenic agent responsible for asbestosis or lung cancer.
The rule, which enters into force three months after the publication, notes that the compensation will vary between 32,000 and 96,000 euros that is received in a single payment, according to the pathology suffered by exposure to asbestos.
“We know that much of the damage of this affected is hardly repairable, but listening to them and reaching this mechanism was a matter of all justice towards everyone,” Joy said.
In a comment, the text describes the Ministry of Inclusion, Social Security and Migrations, recognizes the condition of the beneficiary in different assumptions.
First, who has administrative or judicial recognition of a permanent disability pension that is derived from occupational diseases caused by asbestos or those who have the right to collect compensation by a business law judgment.
Also those who suffer from a disease of those collected in the norm and the people who have received the rights from those who have recognized this condition (Habientes).
One of the requirements to request economic compensation is that the damage must arise from one of the pathologies produced by exposure to asbestos: Mesotelioma, lung or larynstosis cancer with moderate or serious functional impact.
Six months
Interested parties, inclusion, the Ministry of Health or the associated analogous freedom of choice of their autonomous community must ask for the diagnosis of pathologies derived from asbestos exposure.
As soon as the agency issues the certificate, they can submit the request for compensation to the National Social Security Institute (inss) that must be resolved within six months.
If there is no express response during this period, silence will be seen as negative and therefore the amount of compensation for the applicant is not recognized.
Baremo
To determine the quantity, the Inss will apply the set scale, depending on the pathologies derived from the exposure to asbestos and ranging between 32 207 euros by asbestosis; 48 310 euros for larynx cancer; 64 414 euros For lung cancer and 96 621 By mesotheloma. In the event that the affected person suffers different pathologies, the scale that corresponds to the most seriously applied.
Source: EITB
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