1.1.1 General: Actual costs/damage. What damage or other costs can be submitted for compensation?
The compensation scheme is governed by law. Your specific questions will be addressed by an assigned claims handler, and you will be contacted as soon as possible.
What kind of damage is there ?
- Loss of life or personal injury
If you file a claim, the assigned claims handler will examine your case.
Examples for typical cases of claims that are eligible for compensation:
- Cancer (probably after some years), if it is proved to be directly caused by the nuclear accident
- Radiation sickness (Paris Convention 2004, art. 1.a) vii))
- Loss of or damage to property
If you file a claim, the assigned claims handler will possibly visit the property or discuss the damage with you.
Examples for typical cases of claims that are eligible for compensation:
- Generally, items of personal belongings that have a market value.
- Contamination of personal belongings, e.g. clean up costs or market value.
- House, building and other structures, e.g. clean up costs or market value.
- Loss of crop, cattle, stock, (e.g. costs of destruction, emergency slaughter and removal/disposal)
(Paris Convention 2004, art. 1.a) vii))
- Economic loss arising from loss or damage as referred to in 1. or 2…
If you file a claim, the assigned claims handler will investigate that loss with you.
Examples for typical cases of claims that are eligible for compensation:
- Loss of income due to sickness
- Loss of income due to loss of your personal belongings or your home
(Paris Convention 2004, art. 1.a)vii))
- The costs of measures of reinstatement of impaired environment
If you file a claim, the assigned claims handler will investigate that loss with you.
Before approving the costs for compensation, the competent authorities have to decide if the measures of reinstatement are reasonable . (Paris Convention 2004, art. 1.a)vii) and viii)
In practice, only the competent authority will file claims for these damages.
- Loss of income deriving from a direct economic interest in any use of the environment, incurred as a result of a significant impairment of that environment
If you file a claim, the assigned claims handler will investigate your case.
Examples for typical cases of claims that are eligible for compensation:
- Certain losses of income for a hotel owner
- Certain loss as income of a fisherman (Paris Convention 2004, art. 1.a)vii))
- The costs of preventive measures (e.g. evacuation), and further loss or damage caused by such measures
The costs have to be approved, case by case by the insurer. E.g. After an ordered evacuation by the competent authority (Paris Convention 2004, art. 1. a) vii))
Costs resulting from any reasonable measures taken by any person are eligible. Precondition is that these measures are subject to the competent authority requiring the preventive measures to be taken, it will not include actions taken without such requirement.
If your damage does not fit to one of these categories, the damage is probably not eligible for compensation
1.1.2.1 Costs related to preventive measures. What costs related to preventive measures can be submitted for compensation?
Costs resulting from any reasonable measures taken by any person, provided that these measures were imposed by a competent authority requiring the preventive measures to be taken.
It will not include actions taken before or without such requirement (Paris Convention 2004 art 1. a) ix))
1.1.2.2 Costs related to preventive measures. What about costs of evacuation (or any other preventive measure) if I did not wait for the order of the competent authority / if I did it on my own initiative ?
- These costs may not be compensated and are subject to specific examination, particularly with respect to possible ultimate approval of the evacuation by the competent authorities.
- It should be noted that personal initiatives might be harmful to individuals undertaking such initiatives and could hamper the way the authorities are handling the incident (Paris Convention 2004 art 1. a) ix))
1.1.3 Possible future damage (e.g.cancer). Future damage that did not occur yet (e.g. cancer). Can it be submitted later, or is it necessary to file an early claim mentioning its possible future occurrence?
It is not necessary to file an early claim: claims have to be filed within a period of 3 years. (Paris Convention 2004 art 8. a) and d))
“Claims have to be filed within a period of 3 years determined from the date at which the victim had knowledge, or from the date at which the victim ought reasonable have known of both the nuclear damage and the operator liable.” (Paris Convention 2004 art 8. d))
Regardless of the date at which this 3-year period starts, the following periods shall not be exceeded:
- with respect to loss of life and personal injury : claims can be filed against the operator within 30 years from the date of the nuclear incident
- with respect to other nuclear damage : claims can be filed within 10 years from the date of the nuclear incident (Paris Convention 2004 art 8. a))
1.1.4.1 Cost/damage following instructions of authorities. What about damage and costs resulting from following instructions issued by the authorities?
If instructions issued by the authorities are followed correctly, possible damage and costs resulting from these actions are eligible for compensation.
1.1.4.2 Cost/damage following instructions of authorities. Does compensation depend on the way I followed instructions issued by the authorities?
Yes.
- If instructions issued by the authorities are followed correctly, possible damage and costs resulting from these actions are eligible for compensation.
- For some types of damage (e.g. costs of preventive measures) the approval of the competent authorities to take preventive measures is mandatory.
- Costs made without the approval of the competent authorities may not be compensated and are subject to specific examination by insurers, particularly with respect to possible ultimate approval by the competent authorities.
1.1.5 Cost/damage due to own initiative
What about costs of evacuation (or any other preventive measure) if I did not wait for the order of the competent authority / if I did it on my initiative?
These costs may not be compensated and are subject to specific examination, particularly with respect to possible ultimate approval of the evacuation by the competent authorities.
It should be noted that personal initiatives might be harmful to individuals undertaking such initiatives and could hamper the way the authorities are handling the incident.
(Paris convention 2004 art 1. a) ix)
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