Compensation scheme for radiation-linked diseases

The Compensation scheme for radiation-linked diseases is a no-fault workers compensation scheme set-up by agreement between the nuclear site license holders and their workers trades unions. It was established in November 1982 by British Nuclear Fuels Limited and its trade unions following legal actions brought against the company by nuclear industry workers in the late 1970s. At the time of its establishment, BNFL and its trade unions agreed that the causation of cancer by radiation was sufficiently well understood that "it should be possible to construct a scheme which would evaluate the probability that a diagnosed cancer may have been caused by radiation exposure at work." Initially the scheme only accepted claims in which a worker had died from a radiation-linked disease. In 1987 this was expanded to allow morbidity claims. The list of participating member employers and trade unions has grown through the 1990s and 2000s. As of July 2021, 1710 cases had been received and considered since the Scheme began. 163 of those resulted in successful claims. Compensation payments exceeding £8.90 million have been paid to claimants.

Eligibility
In order to be eligible for compensation, a worker must have been employed by a listed company, have received an occupational radiation dose and belong to a trade union or have been a member at the time of the qualifying radiation exposure. For compensation the claimant must have developed cancer in any of 16 tissues/organs covered by the scheme (bladder, breast, bone, brain and central nervous system, breast, uterus, colon, liver, oesophagus, lung, prostate, ovary, skin, thyroid, leukaemia and non-specific other tissue sites. The scheme also covers the development of some radiogenic cataracts. Some diseases are excluded on the basis that there is no convincing epidemiological evidence to link them with ionising radiation exposure. Excluded diseases include: Hodgkin's disease, hairy cell leukaemia, chronic lymphatic leukaemia (CLL), malignant melanoma and mesothelioma.

Member Trade Unions
In 1982, trade union members of the scheme included Transport and General Workers Union, Institution of Professional Civil Servants, Amalgamated Engineering Union, GMB and PCS. Other trades unions joined as the scheme expanded. Later members include the EETPU and MSF, UCATT, Engineers and Managers Association, Unison, the First Division Association of Civil Servants, the AEA Constabulary Federation (now the Civil Nuclear Police Federation) and the Defence Police Federation.

The current Trade unions are

Technical Basis
The scheme reflects the latest scientific/technical knowledge in the assessment of causation probability. New schedules according to the diagnosis of cancer were introduced in 2009 based on the risk algorithms in two internationally accepted reports - the Biological Effects of Ionising Radiation report of the US National Research Council (known as the BEIR VII report ) and the 2006 report of the United Nations Scientific Committee on the Effects of Atomic Radiation (known as UNSCEAR). The technical basis of the scheme is kept under constant review.”

Claiming compensation
Claims may be lodged by the worker, his or her wife, husband or partner (including same sex), the worker's "first line children" (those born to or legally adopted by the claimant). Once diagnosed with or deceased from an eligible disease, the worker or surviving family members have 30 years in which to make a claim. Claims may be made through the worker’s trade union, or on-line, by post or telephone. Once made, claims are assessed on consideration of medical, employment and dosimetry histories and data. These are used to calculate the probability that the cancer could have been caused by occupational exposure to radiation.

Payments
The payment received following a successful claim varies depending on the actual loss (in earnings and pension) suffered by the claimant and sums for pain and suffering, loss of amenity and number of dependents. The level of payment awarded to a claimant (or estate if deceased) is determined by the "causation probability". The greater the causation probability, the greater the payment. Top tier payments are awarded if the causation probability is 50% or more. “ Essential features of the scheme are that it is more generous and quicker than for a case taken through the court system. Payments are made as low a causation probability of 20% whereas 50% causation probability is normally required in court. The Scheme publishes an Annual statement which is approved by the Scheme Council. The report includes a paragraph updating the number of claims and payments awarded.

As of July 2021, 1710 cases had been received and considered since the Scheme began. 163 of those resulted in successful claims. Compensation payments exceeding £8.90 million have been paid to claimants.