Senate Asbestos Bill Must Help Those Who Have Been Hurt

2007-03-08 10:33:40

( Legal )



You will learn from government mortality records that thousands of Americans die from asbestos-related diseases each year. This has become a public health issue.

You must have heard of multimillion-dollar asbestos lawsuits against companies from former workers afflicted with diseases due to asbestos exposure. You must be aware of reports that many companies cannot pay the asbestos claims and have filed for bankruptcies. This situation has left many sick people without support in paying their medical bills.

Senate asbestos hearings have been held hoping to find some legislative compromise on the issue. You have on one side the people who became ill due to exposure to asbestos, a fibrous mineral processed into construction materials until the 1970s. The tiny fibers in asbestos can cause pulmonary ailments and lung cancer when inhaled.

The Senate asbestos debates also consider the other party involved in this issue. You have the large companies who say that the huge claims in these asbestos lawsuits will put them out of business.

The most recent Senate asbestos proposal would establish a trust fund to compensate victims of asbestos-related diseases. Manufacturers and insurance companies which contribute into the fund would be insulated from future asbestos claims and all ongoing asbestos lawsuits would be terminated.

You should note the significant change to the asbestos law. Under current law, workers exposed to asbestos can file compensation claims for potential future injuries because the diseases develop slowly over decades. The proposed Senate asbestos bill removes this right to sue but pays damages only if victims can prove health problems already exist (which is technically difficult until thirty percent of the lungs are damaged).

The asbestos disease epidemic needs a solution, whether by establishing trust funds or through litigation, or a combination of the two. The goal should not be forgotten: to help those who have been hurt by asbestos.


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