Asbestos

This is a one-off compensation payment, whose amount is determined by the scale set out in Annex I of Royal Decree 483/2025 of 17 June, which establishes the requirements and regulates the procedure for recognising the right to financial compensation for victims of asbestos.

Initially, the regulations stipulate that only people who meet the following requirements may apply for this compensation:

• Having recognition of permanent disability resulting from an occupational contingency caused by exposure to asbestos.
• Suffering from any of the diseases included in the scale set out in Annex I of Royal Decree 483/2025:
  • Mesothelioma
  • Lung cancer
  • Laryngeal cancer
  • Asbestosis with moderate or severe functional impairment
• Not having received any compensation for harm resulting from exposure to asbestos.
  However, those pensioners with permanent disability due to occupational illnesses caused by exposure to asbestos who have been awarded compensation by a final court ruling but whose compensation has not been executed, in part or in full, may also apply for compensation. In which case, the amount of compensation shall be adjusted in accordance with the rules laid down in Article 12 of the aforementioned Royal Decree.
  

To apply for compensation, you can access the service on the Social Security benefits portal (from 18 September), or download and print the corresponding form and submit it, once completed, at the Social Security Care and Information Centre (CAISS), you can request an appointment here, or send it by ordinary mail to the Provincial Directorate closest to your home address. Enclosing the following documentation:

• Certificate of pathologies resulting from exposure to asbestos, issued by the designated units in the Ministry of Health or the corresponding body of the autonomous community, or the National Institute of Health Management in Ceuta and Melilla.
• Responsible declaration stating whether or not any type of indemnity or compensation has been received for exposure to asbestos or whether or not any judicial or extrajudicial action has been taken requesting it. You must do so on the form provided. 
• If you have received compensation or have taken judicial or extrajudicial action, you must provide proof of the amount received, a copy of the final judgment stating this amount, and, where appropriate, the court order declaring the total or partial insolvency of all those responsible, as well as all the documentation relating to the exercise of the actions taken.
• Application form and responsible declaration. 

The management and recognition of the right to compensation is the responsibility of the National Social Security Institute.

• If the permanent disability pension was awarded before 18 September 2025, the deadline for claiming compensation is 5 years from that date, so will end on 18 September 2030.
• If the pension was awarded on or after 19 September 2025, the time limit is 5 years after the pension was awarded.
  

Application rejected

If you do not agree with the decision on your application, you have the right to lodge an appeal for reconsideration with the Subdirectorate General for Benefits Management of the INSS, within one month, or to go to the social courts within 2 months of receiving the notification.

Application not admitted

If you do not agree with the decision of inadmissibility, you may lodge an appeal for reconsideration with the Subdirectorate General for Benefits of the INSS, within a period of one month, prior to the contentious administrative appeal before the contentious administrative court within 2 months of receipt of the notification.