Dáil Éireann Debate, Thursday - 28 September 2006
243 Mr. Durkan asked the Minister for Social and Family Affairs if he has made his decision to award full occupational injury benefit to all sufferers of pneumoconiosis; his views on whether a case exists for compensation based on the degree to which sufferers health and quality of life has been affected; and if he will make a statement on the matter. [30383/06]
Amharc ar fhreagraPneumoconiosis is a prescribed disease for the purpose of the occupational injuries benefit scheme administered by my Department. Occupational injuries benefit is payable to people with pneumoconiosis on the same basis as to people with other prescribed conditions.
Disablement benefit, payable under the occupational injuries scheme, is a compensation payment for loss of faculty arising out of or in the course of insurable employment. The legislation provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment.
Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease. In addition, benefits may be payable if the claimant can show that the disease was contracted through an employment not specifically prescribed in relation to that disease.
Persons claiming occupational injuries benefit in cases of Pneumoconiosis are referred to Consultant Respiratory Physicians in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing (PFT). Disablement benefit is awarded on the basis of the consultant's report, including the pulmonary function test result. The degree of disablement is expressed as a percentage of loss of faculty and the compensation payable varies accordingly.
Loss of faculty may be determined within a range of less than 1% to 100%, depending on the severity of the condition. With regard to the 21 persons currently in receipt of disablement benefit as a result of contracting pneumoconiosis from their occupation the percentage of disablement assessed ranges from 8% to 90%. A person must be assessed as having a minimum of 20% loss of faculty before they may be considered as being incapable of work due to their disablement. These arrangements apply generally and there are no plans for special arrangements in the case of pneumoconiosis.
