HOW TO RECOGNIZE AN OCCUPATIONAL CANCER?
The cancer is considered an occupational disease if it meets the conditions listed in a table of occupational disease. The nature of professional cancer may also be established by the Regional Committee for the recognition of occupational diseases (CRRMP).
What is a table of occupational disease?
The professional nature of cancer is established based on specific criteria: definition of the disease, evidence of carcinogen exposure, exposure time, maximum time since exposure. These criteria are reflected in the "tables of occupational diseases" that is part of the Code of Social Security. Results of the negotiation between the social partners meeting in a special commission, which involves the FNATH, these paintings are constantly evolving based on scientific knowledge. Today, for the system overall, 20 tables list the list of cancers professionals supported (all cases not included). There are also tables in the agricultural system.
What is the complement system?
Since 1993, there is a system called "complementary" which allows to recognize the occupational origin of his illness, if the criteria are not met or if there are no tables. In these cases, the file is reviewed by the Regional Committee for the recognition of occupational disease s (CRRMP) decision before Social Security.
What is the procedure?
The patient (or his beneficiaries) must apply to the CPAM (Caisse primary health insurance) or MSA (MSA) by sending the initial medical certificate from doctor stating the diagnosis and reporting of the link possible between cancer and occupational exposure. The declaration must be made within two years after diagnosis. The body must respond within three months, six months in case of especially challenging.
In case of refusal of the box, the deadline for contesting the decision is two months. Where the refusal is confirmed by the Appeals court (CRA), an action may be undertaken with the Tribunal of Social Security Affairs (TASS), then the appellate court. Compensation for asbestos-related cancers to cancers related to asbestos, compensation is possible through the compensation fund for asbestos victims (FIVA). Given the huge number of people exposed for years to products containing asbestos in their work, the government has created this fund. The objective is to enable fast, and automatic compensation of persons found patients under the Social Security Table No. 30 or 30 bis on asbestos, while avoiding clogging the courts with a multiplicity of proceedings in criminal negligence the employer. It may also receive compensation from FIVA people who have a specific pathology of asbestos (pleural plaques, mesothelioma ...) or are suffering from a disease caused by non-occupational exposure to asbestos (environmental victims ).
The underreporting of occupational cancers
System deficiencies lead to underreporting of recognized occupational cancers. For example, less than 10 bladder cancers are recognized each year as the National Institute of Health Watch estimates the number between 625 and 1110. However, the declaration of occupational cancers allows better compensation (supports 100% of costs of care without advance fees, per diem, plus compensation if evidence of gross negligence of the employer is made) . However, recognition of the professional nature of some cancers contributes greatly to the awareness of risks in the workplace and encourages the efforts of prevention. It can also help to change the tables.
The assistance of FNATH
Present throughout the territory, the FNATH, only association representing victims of occupational cancers, irrespective of origin, accompanied since 1921, by patients and their families for administrative procedures related to the recognition of occupational origin of diseases, including cancers. In the event of litigation, the FNATH, through an extensive network of legal experts and medical defends its members' social courts. It is important to gather as many elements, to be assisted as soon as possible in every step. Beyond the legal and medical support, the FNATH can provide many services to patients and their families (using medialized, human services, insurance , ...).