Support for asbestos victims

Every year, around 120 people in Switzerland contract an asbestos-related malignant tumor in the abdomen and pleura (mesothelioma) because they inhaled a carcinogenic quantity of asbestos fibers at an earlier stage. Around 30 of them do not receive benefits from the mandatory accident insurance (UVG) because their illness is not work-related. They are usually worse off financially than those insured under UVG. Under the leadership of former Federal Councillor Moritz Leuenberger, representatives of asbestos victims, former asbestos-producing and processing companies, trade unions, industry, Suva and the federal government initially clarified the problem situation at the round table. In the course of further work, the parties involved were able to agree on a solution that would enable persons suffering from mesothelioma to quickly receive appropriate financial and psychological support. To this end, a fund is to be set up from which the injured parties will be compensated according to schematic and simple principles so that they do not have to claim their entitlements through legal channels.

All mesothelioma patients should be treated equally
In principle, all persons who have contracted mesothelioma after 2006 should be eligible - regardless of whether it is a recognized occupational disease. The maximum amount of financial support as well as the calculation of the amount to be paid out in individual cases is based on the benefits paid out by the compulsory accident insurance to patients suffering from a recognized asbestos-related occupational disease. Benefits are also provided for those insured under the UVG. This is to ensure that persons not insured under the UVG and patients insured under the UVG are placed on an equal footing and that the same support is provided to both groups.

The specific sum that an asbestos victim would receive from the fund in an individual case would depend on the year in which the disease broke out, whether the person in question had already received benefits from the mandatory accident insurance, and how high his or her income was before the disease broke out. Also envisaged are lump-sum and one-off settlements to survivors after the death of the person concerned. In return, those who receive a payment from the fund waive their right to assert civil claims. The Round Table also wants lawsuits that are already pending to be settled out of court and by drawing on the fund.

Establishment of a "care service" for the affected persons
The work of the Round Table has shown that, although patients today receive good medical care, they and their relatives often receive too little psychological support. For this reason, a "care service" is to be set up for those affected, in collaboration with existing institutions, whose services can be used free of charge and at low thresholds. The Round Table is developing a proposal for further action and is in contact with regional lung leagues to examine pilot projects in the various parts of the country.

Based on the eligibility criteria, the proposed benefits and taking into account the projected new cases, the Round Table has estimated the expected costs. The resources required for the fund, which has yet to be established, are expected to amount to around 100 million Swiss francs if it runs until 2025. Should the fund continue to be used after 2025, a successor solution would have to be found. However, according to forecasts, the number of newly ill persons after 2025 should be much lower than today and continue to decrease. A committee of the Round Table will now seek talks with companies and industries to discuss the possibility of voluntary contributions to the fund.

Ongoing legislative work
Persons injured by asbestos and their relatives can claim damages and satisfaction under civil law from companies and persons they hold responsible for their disease. However, under current law, such claims become time-barred at the latest ten years after the end of the harmful influence and thus usually long before the disease breaks out. As part of the current revision of the statute of limitations, the Federal Council and the National Council therefore want to extend the statute of limitations for late damage - such as that caused by asbestos fibers - to 30 and 20 years respectively for future cases. According to the will of the Council of States, the 10-year period should not be extended. However, the Council of States wants to implement the ruling of the European Court of Human Rights of March 2014, in which the Swiss statute of limitations was criticized in an asbestos case, by means of a transitional special provision in favor of asbestos victims. The Legal Commission of the National Council has suspended the settlement of these differences until the end of August 2016 in consideration of the work of the Round Table. After the presentation of the Round Table, the developed key values can contribute to the parliament finding an appropriate solution to this problem.

Asbestos was processed in various building materials, especially in the 1960s and 1970s of the last century, and was widely used in construction as well as in industry and technology. To prevent asbestos-related diseases, a limit value and protective regulations for workers who came into contact with asbestos fibers were in force from 1971. In 1987, asbestos was placed in Poison Class 1, and a general ban on asbestos went into effect in 1989, prohibiting the use of products and articles containing asbestos since 1990. Various federal offices, the cantonal specialist agencies, SUVA, the employers' associations and the trade unions have also been working closely together for years to warn and protect the population from exposure to asbestos, which is hazardous to health.