Justice for Asbestos Victims: A New Compensation Framework in Spain

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The Spanish Government has taken a decisive step in addressing one of the greatest labour and public health tragedies of the last century. The new Royal Decree sets out the procedure and conditions for victims of asbestos, and, in certain cases, their families, to receive financial compensation for the damage caused by exposure to this highly toxic material.

For decades, thousands of workers were exposed to asbestos in industries such as construction, shipbuilding and insulation manufacturing, often unaware of its deadly consequences. Contact with its fibres has led to serious diseases such as mesothelioma, lung cancer, asbestosis and laryngeal cancer. Many of these illnesses are diagnosed years after exposure, making it difficult for victims to claim compensation and leaving countless families without support.

The new decree defines who can benefit from these compensations. It includes those already granted a permanent disability pension for an asbestos, related occupational disease, but also individuals suffering from conditions linked to asbestos even if no such pension has been recognised, provided that the connection can be demonstrated. It also covers those who became ill due to environmental or domestic exposure, as well as relatives of deceased victims who did not apply during their lifetime.

Applicants must first obtain a medical certificate issued by the competent health authorities of their autonomous community, before submitting a claim to the National Institute of Social Security. This entity will assess each case according to a scale that determines compensation amounts. The indemnities vary depending on the illness: from the equivalent of the average pension for permanent absolute disability in cases of asbestosis, to three times that reference amount for those affected by mesothelioma. These are one, off payments of an indemnity nature, independent from other benefits or court, awarded compensation already received.

The decree also foresees the creation of Asbestos Victim Assessment Teams in each autonomous community, composed of experts in health, environment and labour law, to ensure consistent and rigorous evaluations. A Monitoring Commission will also be established, bringing together public authorities, social organisations and victim associations, to safeguard transparency and efficiency.

Although its entry into force was scheduled for September 2025, the effects of the regulation will be implemented progressively, depending on budget availability. In doing so, Spain fulfils a historic demand from trade unions, affected groups, and legal experts, who for years have called for a compensation fund for those who sacrificed their health and lives at the cost of industrial progress. Beyond figures and procedures, this Royal Decree symbolises an overdue act of justice. It represents the State’s recognition of those who, unknowingly, were exposed to a silent enemy that robbed them of years of life. It also stands as a warning for the future: the memory of asbestos victims must serve as a reminder to strengthen a culture of prevention and safeguard health in all workplaces and environments.

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