Protected by the Law on Mesothelioma
Already activate the law on mesothelioma being able the victim to charge thousands of dollars, the companies have insurance for sick, for them, it will not be difficult to pay indenization and the insurances cover that. You have to find a law firm specializing in mesothelioma to obtain legal justice.
As early as the 1800s Asbestos has been mined and used commercially. And from then till 1978 it was estimated that approximately 10 million workers had been exposed to this mineral. Exposure to asbestos occurs when the mineral is cut, sawn and broken into pieces resulting to small particles to float into the air. Most people were totally unaware of the dangers brought about by asbestos exposure. However, in the recent years, the deadly effects have become all too obvious with rising number of cases of the most deadly effect of asbestos exposure – mesothelioma.
In the United States, an estimated 2,000 to 3,000 mesothelioma cases have been reported yearly. What is of utmost concern here is the number is rising. Due to its prolonged latency period, mesothelioma is considered a fatal disease increasing the risk of death of victims. To date, well over 10,000 people have died in the USA alone from exposure to asbestos.
Companies Still Expose Employees
It has been investigated that companies who profited from asbestos-related products knew of the risks as early as 1920s. And since then they knew of an alternative to asbestos and yet to this day, a large number of companies still expose unwitting employees to the hazards of asbestos. Despite the knowledge of the extreme dangers that exposure to asbestos brings to people, manufacturers did not adopt strict measures to reduce contact with this deadly mineral because the symptoms are long-term, not immediate.
Mesothelioma law is favorable towards mesothelioma cancer victims who have been exposed to an asbestos related substance through their work environment. Companies are therefore compelled to compensate their current or previous employees for “non-disclosure of the risks” involved in handling asbestos and asbestos-related substances.
Victim Exposure to Asbestos
This law works on the premise that the victim is totally unaware of the dangers or hazards brought about by his exposure to asbestos. And that this exposure has lead to injury, mesothelioma, and other asbestos-related diseases or ultimately death.
Due to the rising number of cases, there is a kind of legal assistance specializing in mesothelioma incidence. And this is called mesothelioma law.
However, there are certain challenges in getting the legal help, and that is due to the lack of comprehensive legal structure. Thus getting the compensation is proving to be a struggle for most people, and things are becoming complex with time, as some states have even gone on introducing the laws that limit the right to file the lawsuits against various industries.
Some vital moments in Asbestos Legislation
Unlike the Black Lung Benefits Act for compensating those who have suffered due to coal mining, there is no such robust legal structure for claiming the compensation related to loss of life of sickness caused by asbestos exposure.
Some of the significant milestones related to asbestos use:
- 1930- it was the first time when industry realized that what has been marketed as wonder material has some hazardous side effects, it was already understood that exposure to asbestos causes the fatal conditions of the lungs. However, the industry continued to neglect the findings, and use of asbestos continued to rise.
- 1960- As asbestos-related disease takes really long to occur, usually taking decades. In some cases, even the very small amount of exposure may be dangerous. Thus the first severe asbestosis related instances started to be diagnosed in the 1960s, and diseases became more widespread in 1970s. Hence some of the first lawsuits against the asbestos manufacturers were filed in the 1970s. By 1970s, health hazards of asbestos became widely accepted in the society.
- The 1980 – it was the decade of implementation of various recommendations and laws. By 1980s state governments started to ban the use of asbestos in various Stricter guidelines were introduced regarding the use of asbestos.
- Present days- US Senator Patty Murray (D-Wash.) sponsored the Ban Asbestos in America Act of 2007, though without success. Nonetheless, senator continues to support the cause.
When it comes to the safe use of asbestos in industry and implementation of so-called asbestos abatement legislation, the US EPA (environment protection agency) and OSHA (Occupational Safety and Health Administration) are the primary federal agencies looking after the implementation of various laws.
Those injured by the undue exposure to asbestos are facing pressures from several quarters, like the introduction of Furthering Asbestos Claim Transparency (FACT) act. An act that required the asbestos trusts to disclose all the settlements publicly, thus putting the confidentiality of many claimants at risk.
Use of asbestos is completely banned in most of Europe except in Russia where its extensive mining continues to date. In the US, asbestos is still allowed to be used by the various industries. Although EPA tried to introduced the “Asbestos Ban and Phaseout Rule” in 1989 so that to completely phase out the use of asbestos by the industry, its proceedings were challenged in the court, and thus it could only move forward with a partial ban on the industrial use of asbestos.
Asbestos is still not banned in industries like corrugated cement sheet, pipeline wrap, roofing felt, asbestos-cement pipe, clutch facings, friction materials, automatic transmission components, gaskets, roof coatings, and some other industrial products.
Thus understanding the various legislation regarding the harm caused due to asbestos and filing a lawsuit required in-depth knowledge of the subject, it is something that is best done by the lawyer specializing in the matter. Getting compensation is not straightforward, but possible in most cases, it the source of exposure could be proven.