LINKAGE BETWEEN COMPENSATION FOR COMMON LAW DISABILITY AND THE PROVISION OF DISABILITY COMPENSATION PAID BY THE NATIONAL SOLIDARITY
DOI:
https://doi.org/10.54695/dss.57.03.2680Keywords:
Damages for personal injury, damages, compensatory allowance of disability, national solidarity, guarantee fund, insurers, human assistanceAbstract
A person suffering from personal injury generating a
disability can benefit from common law compensation
paid by the third party and the Compensatory Disability
Benefit (PCH) created by the Act of February 11, 2005
under National Solidarity.
Since May 2013, this combination has been called into
question by the Court of Appeal and the Council of State
who decided that the PCH is an “indemnity” provision
so that it must be deducted from the third party compensation paid by the Guarantee Fund. Traditional insurers
have taken this road and go even further by claiming
that the victims first claim their rights to the MDPH.
Lawyers for the victims believe that the PCH has no
compensatory character and this position is shared by the
Court of Auditors. Pandora's box is open and now it
seems that only the legislature can put a stop to the
decline that we are seeing
