The PSOE now proposes to exclude workers from the public fund to compensate victims of asbestos
Change of 180º of the PSOE on the compensation fund for victims of asbestos. The socialist group in the Congress of Deputies has presented a list of amendments that radically modify the objective of the future fund. They propose to exclude workers who are victims of this carcinogenic material and only limit their coverage to other people affected "for reasons unrelated to their work", in cases that are also very serious. The turnaround has surprised the unions and victims' associations, which have issued a statement against it and ask for its rectification. "It is unfortunate behavior," they denounce.
On April 13, the Congress of Deputies gave the green light to take into consideration the proposal for a Law to create a compensation fund for asbestos victims, a long-awaited measure for years by the associations of those affected. The legislation, which is now being processed in the Labor Commission, was raised by the Basque Parliament and took similar funds from France, Holland and Belgium as a reference.
The bill includes as recipients of the fund for reparation "any person who has obtained recognition of an occupational disease caused by asbestos as well as any person who has suffered damage resulting from exposure to asbestos in the territory of the Kingdom of Spain".
In other words, workers are highlighted in the first place and, in addition, compensation for other affected victims is also included. The most recurrent are people exposed in the family, relatives (a lot of women) of employees who wore their contaminated work clothes, and also those affected by environmental contamination.
As stated in the explanatory memorandum, "between 2003 and 2009 there could have been 7,154 cases to be compensated in its different modalities". The proposal highlights among its objectives, for example, that compensation work as a remedy for affected workers whose employer companies no longer exist, something frequent.
That day, April 13, the Socialists voted in favor of the creation of the fund, with an emotional speech by the deputy María Guijarro. The socialist parliamentarian recalled the sentence for the death of journalist José María Íñigo –subsequently revoked–, which recognized that it had been caused by exposure to asbestos. "The public projection of this victim reminded us of thousands of anonymous victims", highlighted the deputy, "because we know, it has been said, since the sixties and until it was banned in 2001 in Spain, this mineral, with more than three thousand commercial uses, which, as you know, causes lung cancer".
The PSOE announced its vote in favor, with a special mention for the women of workers so often invisible as victims, but above all with words addressed to the sick staff by this agent. "We owe it to all those workers, yes, who left their lives or who live with the sword of Damocles hanging over them and do not have to endure that judicial ordeal that has already been talked about here," said María Guijarro about the long court battles that victims face. Many times they conclude with a sentence when the complainant is already deceased.
However, in the amendments recently presented by the group in the Congress of Deputies, the PSOE has changed its mind. It proposes excluding workers from compensation, since including them "supposes a very extensive compensation that, in addition, does not take into account that when the affected people are workers they are specially protected by our Social Security and occupational risk prevention system", contains the justification for the amendments.
Thus, the PSOE proposes limiting compensation to people who have been exposed to asbestos for reasons unrelated to their work and this has seriously affected their health, since it is required that it has generated a disability or caused death. These people must not receive a "pension or benefit" from the State and, in addition, a minimum period of legal residence in Spain of ten years is set.
The State Federation of Associations of Victims of Asbestos, CCOO and UGT have issued this Wednesday a harsh statement against the socialist group marked by "surprise and indignation". The three entities have been meeting and speaking with the socialist group, "the last one on February 16, and the information they provided us was completely opposite to the registered amendments." Victims and unions demand the immediate withdrawal of the amendments and criticize the "regrettable behavior" of the parliamentary group.
Sources from the socialist group told elDiario.es that their intention is to meet again with unions and social entities and that they have an "unequivocal commitment" to the fund. On the change of position and the exclusion of the workers they do not comment and insist that their objective is "that a definitive solution for the workers and victims affected come out of the presentation that begins on March 17."
The victims and the majority unions reject the justification of the socialists about the adequate protection of workers through Social Security. "These funds are not an alternative to the benefits derived from the recognition of the occupational disease, but to compensation for damages after legal proceedings that last for years and that in many cases end when the affected person has already died. In addition, they are the only way to compensate in those cases in which the company has disappeared, a fairly frequent situation as it is associated with pathologies with long latency periods and that manifest themselves decades after the exhibitions", they explain.
The statement also criticizes another turn of the PSOE on the financing and management of the future fund. The legislative proposal includes that the body has resources from the General State Budget, but also through social contributions by companies and mutual resources. The amendments of the Socialists now limit the financing to the Budgets, which this 2022 have an endowment of 25 million agreed with EH Bildu.
Regarding the administration of the fund, instead of constituting a governing body with representation of the social agents and mutual insurance companies as has been proposed, the PSOE proposes that it depend on Imserso – dependent on the Ministry of Social Rights – and that it be this one that regulates the procedure for accessing compensation.
The processing of the bill will continue this March in the Congress of Deputies, in the Work Commission, where it will be verified if the Socialists add other groups to their amendments. For the moment, the amendments of the rest of the parliamentary groups "respect the spirit of the bill as a starting point for their contributions," victims and unions point out.
