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Radiation Disease Compensation for Nuclear Workers

If you or a member of your family has been affected by radiation exposure in the workplace, you may be entitled to compensation. Our specialist personal injury lawyers may be able to assist you with a claim for a radiation linked disease. Contact The Legal Line for cost free claim advice on 0800 0328511 or by completing a claim enquiry form.

Radiation Exposure at Work
Nuclear Workers Compensation Scheme
Members of the Radiation Disease Compensation Scheme
Compensation Claims for Radiation Disease
Damages
Specialist Compensation Claim Advice

Radiation Exposure at Work

If a person is exposed to an excessive amount of radiation in one incident or moderate doses over a prolonged period of time, they can become ill as a result.

Nuclear workers can be at risk of exposure to radiation in the workplace, so employers at any establishment where this is a possibility have a duty to monitor any exposure and ensure that it does not exceed safe levels.

Nuclear Workers Compensation Scheme

There is now a scheme in place for many employees in the nuclear industry, to enable them to claim compensation if they have suffered cancers through exposure to radiation.

The Nuclear Workers Compensation Scheme began in 1982, when British Nuclear Fuels Ltd (BNFL) collaborated with trade unions representing it’s workers following a series of claims in respect of radiation disease.

It’s purpose is to provide claimants with an alternative to the normal compensation claim process, which is more generous, less costly and quicker than regular court proceedings.

Initially the scheme was only in place to handle mortality claims (those in which the nuclear worker had died as a result of the radiation illness), however in 1987 it began to handle compensation claims for living claimants, also known as morbidity claims.

In the 23 years since it was founded, the Nuclear Workers Compensation Scheme has awarded a total of £5.3 million in compensation payments, divided between 106 claimants. It has assessed around 1200 cases and has provided advice to many more individuals. Many of the people helped by the scheme would have been unlikely to succeed with their claim had they pursued it through the courts in the normal way.

Members of the Radiation Disease Compensation Scheme

In addition to BNFL, several other organisations / companies have also joined the compensation scheme at various times since its inception. They are:

• United Kingdom Atomic Energy Authority (UKAEA)
• Urenco (Capenhurst) Ltd
• Magnox Electric
• Nuclear Electric
• Scottish Nuclear Ltd (SNL)
• Ministry of Defence (MoD)
• Atomic Weapons Establishment (AWE)
• Devonport Royal Dockyard Ltd (DRDL)
• Rosyth Royal Dockyard Ltd (RRD)
• Babcock Naval Services
• GE Healthcare

Compensation Claims for Radiation Disease

In order to be considered eligible to make a compensation claim for an illness related to radiation exposure through the Nuclear Workers Compensation Scheme, the following must apply:

1. You must have been diagnosed with a disease related to radiation exposure.
2. The occupational radiation exposure must have occurred with one or more of the employers involved in the scheme.
3. You must have been employed by at least one of the scheme employers.
4. Excepting those employed by the MoD or HM Forces, any claimant must be a member of a trade union involved in the scheme.
5. If a claim is to be made on behalf of a deceased family member, a claim can be considered if the illness is listed on the death certificate or a diagnosis was made at an earlier point.

Damages

The amount of damages (also known as compensation) is calculated under the scheme in the same way as a compensation claim pursued through the courts.

There are two elements to a compensation award.

The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to play sports, care for children, look after your garden). The award for loss of amenity can be for a short period for ever if that is what the medical evidence supports.

Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the exposure to radiation had never occurred.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations.

Specialist Compensation Claim Advice

The Legal Line’s lawyers are experts in all areas of personal injury, including claims for diseases related to radiation exposure. If you believe that you may be entitled to claim compensation through the nuclear workers’ scheme, you should contact your trade union in the first instance for assistance.

Anyone affected by a radiation linked disease that is not eligible for the scheme (see our radiation exposure claims information page) can contact us on 0800 0328511, or by completing an online compensation claim form for assistance.