Asbestos legislation was originally introduced in the mid-1970s as part of the Black Lung Bill. This legislation was designed to put in place strict regulations about asbestos in buildings and products to reduce exposure and asbestos diseases such as mesothelioma and asbestosis. It also paved the way for asbestos exposure victims to sue for financial compensation with the help of a mesothelioma lawyer.
Since those early days, asbestos law has changed considerably, in large part due to recent legislation sponsored by asbestos product manufacturers and employers.
Corporations Push, Mesothelioma Attorneys Push Back
The Fairness in Asbestos Compensation Act
Recently, large organizations pushed for new legislation to minimize the compensation paid to families who are victims of asbestos diseases. This legislation was called The Fairness in Asbestos Compensation Act. It was proposed with the intent of resolving asbestos lawsuits before they reached the court system—in effect, denying victims their right to have their case heard in court. Mesothelioma lawyers, victims, physicians, and advocates widely opposed this legislation. This asbestos law, proposed in 1999, did not pass.
The Asbestos Claims Criteria and Compensation Act
In 2003, the Asbestos Claims Criteria and Compensation Act passed the Senate, but did not receive necessary support to become law. This asbestos law was to create a national trust fund to help compensate victims of asbestos diseases. However, victims would have to meet rigid medical criteria, and it would limit the rights of many to receive the financial compensation they would have a chance for if they went to court with a mesothelioma trial attorney representing them.
The Fairness in Asbestos Injury Resolution Act – Not Fair
The Fairness in Asbestos Injury Resolution “FAIR” Act was proposed in 2004 with the intent of creating a $124 billion fund for victims of asbestos diseases. Compensation to victims was supposed to be quicker. Advocates for victims such as mesothelioma lawyers and lawmakers again felt this asbestos law would limit victims' rights and this act failed to pass.
The FAIR Act was reintroduced in 2005 (S.852) and 2006 (S.3274): both times with the intent to limit the ability of victims of asbestos diseases to file independent lawsuits to seek appropriate compensation. And while the fund continued to increase ($140 billion in 2006), it still limited a victim's right to receive appropriate compensation for their specific circumstances.
Mesothelioma Advocates and Lawyers Urge Vigilance against FAIR
At present, the FAIR act has been put on hold. However, the general public should remain vigilant in its opposition an asbestos law such as this. The privatization of funding for victims of asbestos diseases puts stipulations in place, such as only those with specific medical criteria will be awarded funds.
Asbestos diseases, such as mesothelioma, are terminal. The mesothelioma treatments required to give the victim quality of life are expensive, and the family is left to pick up the pieces after a loved one is taken prematurely by mesothelioma. A victims' fund will not allow for the specifics of each case, and will most likely not cover all the victims affected.
If the fund does not have enough money to cover all the victims, then those left behind would have to start over on their court cases. Time is of the utmost importance when dealing with asbestos diseases, since the diagnosis typically comes in the late stages of the disease.
Learn More
It is vitally important to notify your doctor if you have been exposed to asbestos. It is also important to notify a mesothelioma attorney if you are diagnosed with mesothelioma or any other asbestos disease. An attorney will provide information and resources, as well as updated information on asbestos law and legislation, so you and your family can be assured the chance to seek appropriate compensation for your circumstances.
To learn more about asbestos legislation, please contact us and we can help direct you to an experienced mesothelioma trial lawyer. Remember, contacting a qualified asbestos law firm is a crucial step in holding wrong doers responsible and fighting for you and your family's financial future.