FREQUENTLY ASKED QUESTIONS

You will need to contact a solicitor and bring a claim against the former British Coal Corporation through common law.  On the instruction of the Judge, respiratory disease claims are held in abeyance until at least the next Review Hearing to give all parties a chance to assess how best to deal with post cut-off claims.  Normal common law rules will apply in relation to costs.

·         I'm not sure what the progress is regarding my claim - I haven't heard anything for a while? Who can help me?

Always contact your solicitor or other representative handling your claim. They will be able to let you know any progress regarding your claim and will be able to explain any complex issues to you. Normally your solicitor will contact you as soon as any new progress is made regarding your claim.

·         My colleague submitted a claim a few months after me and has already received a full and final offer. Why therefore haven't I?

Claims are dealt with in a priority order dependent upon the age and health of a claimant as well as short life expectancy. We are also prioritising widows' claims. It is therefore not possible to compare the timescale in settling claims between individual claimants. Another factor is that each claim is individual and different factors will affect different claims. For example some claimants may have a more detailed work history compared to other claimants which may take longer to verify and agree between all parties. Some claimants may dispute their Medical Assessment Process (MAP) report and this can prolong a claim reaching full and final settlement.

·         My colleague received a larger amount of compensation than I did yet we both worked together in the mines.

Each claim is individual and is calculated taking into account a variety of factors. For example the length of employment is taken into account, as well as the type of work carried out, the claimant's Medical Assessment Process (MAP) report, their health and medical history and other detailed factors, which all affect the claim. It is therefore very unlikely that any claims would be identical and generate an identical amount of compensation.

 

RESPIRATORY DISEASE

·         How does the Compensation Recovery Unit (CRU) certificate affect my claim?

When a claim is ready for a full and final offer Capita, the Department of Trade and Industry's claims handlers, require sight of a CRU certificate from the Department of Work and Pensions. This is to ensure that compensation is not paid twice for the same injury. Capita will always ensure that they have one of these when a claim is ready for full and final settlement. However these occasionally need to be requested twice if they expire in the time it takes for actual acceptance of any offer to be received.

·         My late husband died before 1983 - how does that affect the claim?

The law regarding the processing of claims was different prior to 1983 and this has an effect on the distribution of monies. However, agreement has been reached on how to deal with these claims and they are now able to be processed using the normal mechanisms.

·         I don't agree with my Medical Assessment Process (MAP) results. What should I do now?

If your solicitor has relayed the MAP results to you and you do not agree with them then you must inform them that you wish to dispute the results. The solicitors will then notify Capita, the Department's claims handlers, that you wish to go through the disputes procedure and advise you accordingly. You will be requested to provide additional evidence to support your dispute and this will be explained by your solicitor.

·         What are Co-Defendants? How does this hold up my respiratory claim?

Co-Defendants are other companies who may be liable for part of the claim depending upon the claimant's work history. There are 3 types of co-defendants. These are as follows:

1. Coal Mining Contractor (CMC). This would apply to those who worked in a British Coal Mine but were employed by someone other than British Coal.

2. Coal Mining Related (CMR). This is where a claimant worked in a mine that was privately owned. For example UK Coal or one of the small mines.

3. Non-Mining Related (NMR). This is where a claimant worked in a non-mining occupation but in an industry with substances which could have possibly contributed to respiratory disease.

If there are co-defendants involved this could possibly hold up a claim progressing to a full and final offer. This is because it is important that Capita, the Department's claims handlers, verify the exact work history and ensure that all parties are in agreement to their liability. This will ensure that the claimant is then offered a fair and accurate compensation offer.

However the Department has agreed to pay damages in full in cases where the miner has been employed at a British coal mine by a contractor company (CMC).

·         I have already attended a Department for Work and Pensions MAP - why do I need to attend a further Medical Assessment Process (MAP) for my coal health claim?

All claimants who opt to go through the MAP procedure will have to attend a coal health claims MAP, whether or not they have attended a Department for Work and Pensions (DWP) assessment. This is because there is a respiratory specialist present during the MAP rather than a GP who carries out DWP assessments. The respiratory specialist has a more in depth knowledge of respiratory disease. The MAP assessments are also approved by the British Thoracic Society and are much more rigorous and consist of a full range of lung function tests. The results of the MAP also take into account the claimants medical records unlike the DWP assessments.

·         I am not happy with my work history schedule

If this is the case then you need to let your solicitor know. They can then alert Capita, the Department's claims handlers, to this. Solicitors will be aware of the evidence which they are required to submit in these circumstances.

·         How is my loss of earnings calculated?

Essentially these are calculated by comparing the earnings which a miner received compared with what he should have received if he had not become ill. Loss of earnings will be paid where the respiratory condition has caused or contributed to loss of pay due to a change of job or duties, ceasing work, not taking up work and short periods of sickness. However your solicitor will be able to advise and explain further about this.

·         What is the current situation regarding Surface Dust?

The Department has been in discussion with the Claimants’ Solicitors’ Group (CG) for some time over the issue of surface dust.  The Department’s position has been based on its expert medical advice. This is based on surface dust levels recorded by the Institute of Occupational Medicine (IOM).  It indicated that there was insufficient respirable dust to cause Chronic Obstructive Pulmonary Disease (COPD) even over a whole working lifetime.  The Department also agreed to engage in a joint study of the effects of surface dust to be analysed by the parties’ respective medical experts. 

Having considered all the information available the Department’s medical adviser has not altered his opinion that there was insufficient respirable dust on the surface to cause COPD other than in very exceptional circumstances.  In light of this, it would be inappropriate to admit surface workers as a group to the Claims Handling Agreement and the MAP for COPD. 

Claimants can of course consult their solicitors if they wish to pursue a claim for compensation in relation to surface employment under common law. 

Vibration White Finger (VWF)

·         Please can you explain to me what the latest situation is regarding my Services claim?

Once a General Damages offer is received a claimant can reject this in favour of making a claim for services such as help with gardening, DIY, window cleaning, etc.  Capita will then pay a 100% interim for General Damages and await the submission of the claimant’s services questionnaire as well as questionnaires from each of their current helpers.  The templates for these documents can be found on www.coalclaims.com .

Capita Health Solutions (CHS) have been conducting Services medicals since April 2003.  As we move into the second half of 2004 and then into 2005, the rate at which they complete these assessments will increase.  It is planned that all Medical Assessment Process for services (MAP2) appointments will be completed by the end of 2006 and all claims settled by 2007.

VWF Services offers have also been going out since April 2003.

At the July 2004 Court Hearing cut-off dates for Services claims were agreed.  Live claims are to be submitted by 31 March 2005 and posthumous claims by 31 January 2006.  However, if a claimant is still awaiting a General Damages medical or confirmation of occupational group then they will have at least six months following MAP1 to submit their Services claim.  Submitted questionnaires must be properly completed.

·         My claim was initially denied as my job is considered a Group 3 occupation.  What options do I have now?

A detailed procedure, the Occupational Group Procedure (OGP), was agreed in April 2001 with the claimants’ solicitors  for processing Group 3 claims.  Under this procedure a claimant who is not confirmed in either Group 1 or 2 is required to provide 3 witness statements, each confirming exposure to vibration, in an agreed format.  These statements and any other evidence will enable Capita (the Department’s Claim handlers) to consider the claim and determine whether the claim can be accepted.  If after consideration of these statements Capita maintain the denial, there is a Disputes Procedure which allows for submission of further evidence by the claimant.  Ultimately the parties may agree to forward the claim to the Vibration Reference Panel (VRP) for a final view.  The VRP is made up of non-Capita representatives and members who have been jointly appointed by the Department and the claimants’ solicitors.

Group 1:   This group incorporates the occupations where in the coal mining industry the use of hand held vibratory or percussive tools was a substantial part of the job.

Group 2 : This group incorporates the occupations where in the coal mining industry the use of hand held vibratory or percussive tools was not necessarily a substantial part of the job, but their use by individuals within the group may have been significant.

Group 3:  This group incorporates the occupations where the use of hand held vibratory or percussive tools was not part of the job description. Claims falling within this Group are therefore denied.  However, the Department has agreed that in some cases group 3 claimants would have had limited exposure to vibratory tools.  A procedure was therefore agreed in April 2001 with the claimants’ solicitors for processing Group 3 claims whereby claimants within this Group are required to provide witness statements, confirming exposure to vibration, in an agreed format.

·         Why is the process taking so long?

This is one of the largest personal injury compensation schemes ever against a single employer and nothing like this has been done before.  Reasonably good progress has been made on VWF.  We are however working to urgently speed things up.  Significant progress has been made in a number of areas but there is still some way to go.

Atos Origin have been contracted to carry out the VWF Medical Assessment Process (MAP) in centres across the country.  The locations for these centres have been determined by balancing the geographic distribution of claimants against the scarcity of the complex medical resource needed to undertake the testing.

·         When will my posthumous claim be dealt with?

The claimants’ solicitors have recently accepted all the elements of the Posthumous Protocol.  This means that Capita, the Department’s claim handlers, are now making offers for both General Damages and Services (if appropriate). Capita have been instructed to prioritise the oldest claims and those where the claimant is the widow of the miner.

·         What is the Department doing with claims where there is pre-1975 exposure

At the Court Hearing on 29 July 2004, the Judge ruled that when assessing the level of exposure in order to qualify for compensation under the Scheme in a Group 3 occupation, exposure prior to 1 January 1975 can be ignored, as the Department is liable for exposure post 1 January 1975 only.  Therefore claims that were previously ‘parked’ pending the outcome of this issue will only be dealt with on the basis of alleged post 1975 exposure.