How Do Laws / Regulations Protect Asbestos Victims & Prevent Further Harm?

The dangers of asbestos inhalation have been known for a very long time. However, companies that manufactured and used this hazardous product were able to keep this knowledge fairly quiet until the 1960s. Since that time, a debate has been raging that pits corporate interests against victim’s rights.

The Senate has attempted (via S.852 and S.3274) to create a 140 billion dollar fund to compensate asbestos victims - including those with mesothelioma. Proponents of this plan say that it will resolve the issue of lawsuits that have widely varying outcomes. The bill would keep companies from being bankrupted by litigation and speed up the process of compensation.

Opponents of the fund claim that it lets corporations off the hook for the harm they have caused. In addition, they say the money will be insufficient to cover the medical expenses incurred by asbestos victims - not to mention other damages. It would also take away the existing rights of individuals to sue companies directly.

The bill has not been passed. There is no way of knowing if it will become law in the future. If you are suffering from mesothelioma, it is best to explore legal options immediately.

What Are My Current Rights?

The rights of asbestos victims vary from one state to the next and depend on the circumstances of each case. If you were exposed at work, you may have rights under Workers Compensation laws. Veterans who were exposed while on active duty may seek compensation through the VA. Other individuals can bring a personal injury lawsuit against the companies responsible for their asbestos exposure. If you have lost a close family member to mesothelioma, you may be able to file a wrongful death suit.

• If you may need legal help regarding Asbestos or Mesothelioma,Submit Your Case for a Free Review from an Asbestos Lawyer in your area.

History Of Attempts To Ban Asbestos

1976: Congress passes the Toxic Substances Control Act (TSCA) with the intention of prohibiting the use of this hazardous material.

1991: The 5th Circuit Court of Appeals overturns portions of these regulations. Manufacturers are only restricted from using asbestos for new applications.

2007: The Senate unanimously passes a comprehensive ban (S.742). Exceptions are allowed for applications in which there is no reasonable substitute and health/environmental safety can be ensured.

Current: The House has referred the bill to a subcommittee and no further action has been taken to pass it into law.

Preventing Future Harm

Restricting exposure to this deadly carcinogen and reducing deaths from mesothelioma is a matter of national concern. The EPA’s Clean Air Act covers how to handle demolition that may release this harmful material into the atmosphere. The related TSCA regulations deal with the safe removal of this substance from places such as schools, public buildings, and apartment complexes.

OSHA provides regulation and oversight regarding workplace health and safety. If an employer is exposing you to hazardous materials (such as asbestos) and refuses to fix the problem or provide adequate protective gear, you can report this to OSHA. There are federal laws in place protecting employees who report unsafe work conditions.