Court Decisionsthat Protect and Compensate Asbestos Workers



 

Asbestos is adangerous substance that causes the debilitating disease of asbestosis, and thefatal cancer, mesothelioma.  Asbestosworkers are exposed to scarring asbestos fibers in excessive amounts on a dailybasis.  Employers who ignore the dangerswon't be ignored by the courts.

 

Asbestosis and mesothelioma affects asbestos workersaround the world.  National andinternational lawyers and judges are making room on their desks for voluminousstacks of medical records that are entered as evidence in mass litigationproceedings for asbestos workers who were unaware, and unprotected, from thedangers of inconspicuous deadly asbestos fibers.  Employers have the responsibility to protectthe safety and health of the employees, and in today's modern societies, it islegally mandatory for employers to protect their employees from danger.  Company fines and business closures canresult for those companies that put profit over people, and so can litigationresulting in millions of dollars of compensation paid to injured workers. 

 

Asbestos workers have joined together to set precedentcourt decisions in asbestos cases that will facilitate faster trial decisionsand undermine confusion in the interpretations of the occupational laws.

Many workers, however, do not receive justcompensation.  Lack of medical records,multiple possible causes of lung disease, unawareness of the right to legalcompensation, or the lack of legal representation, prevents many asbestosworkers from receiving their just compensation for asbestosis ormesothelioma. 

 

Although workers compensation cases have been recognizedin the courts since the 1920s, the first US trial against an asbestos productwasn't held until 1966 by plaintiff Claude Tomplait.  The case lasted three years, and the decisionwas made on behalf of the defendant.  In1969, Claude's lawyer then represented Clarence Borel, aco-worker of Claude's, against the same defendant.  This case lasted four years, and in 1973, ahistorical landmark decision was made on behalf of the plaintiff, ClarenceBorel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973).  It was officially deemed that not only must manufacturersmust warn consumers of danger, but they are responsible for staying informedwith regard to scientific discoveries that have an impact on theirproducts.  If a manufacturer fails to doso, they will be liable for physical harm. Since 1973, there have been wellover 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history.  In 1982, court opinion in Beshada (Beshadav. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanelystated,  ?the burden of illness?shouldfall on those who profit from its production??, throwing out a ?state ofbusiness practices at the time? defense that defendant asbestos companies werepraying upon for relief.

 

Around the world, the deadly consequences of working withasbestos is gaining increased recognition, and asbestos workers are gainingincreased support in their court bids for compensation of asbestosis andmesothelioma.  In 1989, Australiaestablished the Dust Diseases Tribunal for asbestos cases, and in 1991,Australia banned asbestos.  In 2005, theEuropean Union followed with their own ban on asbestos.    In theUK, a compensation fund for asbestos workers diagnosed with mesothelioma hasbeen established within the Department of Societal Development.  This fund disperses payment to mesotheliomapatients within a week of the diagnosis of mesothelioma and reduces the risk ofa mesothelioma patient dying before receiving a settlement (which frequentlyhappens with lengthy civil trials). 

 

Asbestosis and mesothelioma patients suffering fromincurable and fatally progressive diseases due to employer negligence andmanufacturer's disregard for danger are due compensation for their pain, andemployers are beginning to pay.  Sadly, employershave to pay with their bank accounts, but asbestos workers have to pay withtheir life.