Overview of Compensation Funds in Belgium
The presentation details various compensation funds in Belgium, including their definitions, reasons for creation, key aspects, and pros and cons. It covers funds such as the Belgian Common Guarantee Fund, Victim Compensation Fund, Asbestos Compensation Fund, and more. Each fund serves specific purposes, such as compensating victims of intentional crimes, medical accidents, work-related incidents, and environmental disasters. The slides highlight the significance of these funds in addressing different types of damages and providing financial support in various scenarios.
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Presentation Transcript
Compensation funds in Belgium Larissa Vanhooff
2 Compensation source of the future? Three compensation sources: Liability Law Insurance Social Security Compensation Fund Fourth source: compensation funds! No longer: the loss lies where it falls
3 Overview 1. Definition and classification 2. Overview of compensation funds in Belgium 3. Reasons behind their creation 4. Key aspects of compensation funds 5. Pro s and con s 6. Conclusion
4 1. Definition and classification Separate asset, created in order to compensate damage occured in a specific context, described by law Guarantee fund Damage fund Limitation fund Advance payment fund
5 2. Overview of compensation funds Belgian Common Guarantee Fund (former Motor Guarantee Fund) Victim Compensation Fund Asbestos Compensation Fund Medical Accidents Fund Workmen s Occupational Accidents Fund Workmen s Occupational Diseases Fund Disaster Fund Funding system for Technological Accidents Fund of Environment and Nature (MINA-Fonds) (former) Advance Payment Fund (former) Guarantee Fund for Damage by Coalmines
6 Belgian Common Guarantee Fund Traffic accidents Guarantee fund: insolvency wrongdoer, insolvency insurer Damage fund: act of God, unidentified car (hit-and-run) Technological accidents
7 Victim Compensation Fund Victims of intentional crimes Damage fund Last resort Equity Recently: terrorist attacks Brussels
8 Asbestos Compensation Fund Victims of asbestosis and mesothelioma Several problems with liability law (cf. Eternit case) Damage fund
9 Medical Accidents Fund Accidents occured in the medical sector Guarantee fund Damage fund: no liability ( moza )
10 Workmen s Occupational Accidents Fund Workmen s Occupational Diseases Fund Part of social security WOAF: guarantee fund WODF: no real compensation fund but insurer
11 Disaster Fund Natural and agricultural disasters Damage fund: not covered by fire insurer 6th Constitutional Reform Act: regionalized
12 Funding system for Technological Accidents Technological disaster: caused by men or technology; at least 5 gravely injured victims 2 funds - Belgian Common Guarantee Fund: guarantee fund - Disaster Fund: reinsurer
13 3. Reasons behind their creation Deficiencies of liability law & insurance Growing national solidarity Historical responsibility Pressure from public opinion European and International level
14 4. Key aspects Nature of intervention Subsidiary Safety net Alternative Replacement
15 Amount of compensation awarded - Limited - Full - Equitable
16 Cumulation with other compensation - Damages (court) and fund Rule: no double compensation Exceptions - Health insurance ( ZIV ) Art. 136, 2 ZIV - complicated!
17 Financing of funds - Public - Private - no consistency Organization - Legal personality? - Trend: increase of scale, merging!
18 Pro sand con s Pro - Victim oriented - Solve issues of liability law and insurance (uninsurable risks) - Less expensive, fast (?), amicable setting - More expertise
19 Contra - Prevention? - Limited compensation? - Discrimination - Financial burden for the State - Patchwork
21 6. Conclusion Compensation source of the future? Basic idea is good BUT: still a lot to do! - 1: central organ - 2: harmonize the rules - 3: final goal? more research needed
22 Thank you for your attention
