| ent"> | | | | Claude’s, against the same defendant. This |
| Court Decisions that Protect and Compensate | | | | case lasted four years, and in 1973, a historical |
| Asbestos Workers | | | | landmark decision was made on behalf of the plaintiff, |
| Asbestos is a dangerous substance that causes the | | | | Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., |
| debilitating disease of asbestosis, and the fatal cancer, | | | | 493 F.2d 1076 (5th Cir. 1973). It was officially deemed |
| mesothelioma. Asbestos workers are exposed to | | | | that not only must manufacturers must warn |
| scarring asbestos fibers in excessive amounts on a | | | | consumers of danger, but they are responsible for |
| daily basis. Employers who ignore the dangers | | | | staying informed with regard to scientific discoveries |
| won’t be ignored by the courts. | | | | that have an impact on their products. If a |
| Asbestosis and mesothelioma affects asbestos | | | | manufacturer fails to do so, they will be liable for |
| workers around the world. National and international | | | | physical harm. Since 1973, there have been well over |
| lawyers and judges are making room on their desks | | | | 100,000 asbestos cases filed in US courts. Asbestos |
| for voluminous stacks of medical records that are | | | | cases are currently the longest mass tort in US Court |
| entered as evidence in mass litigation proceedings for | | | | history. In 1982, court opinion in Beshada (Beshada v. |
| asbestos workers who were unaware, and | | | | Johns-Manville Products Corp., 442 A.2d 539 (N.J. |
| unprotected, from the dangers of inconspicuous deadly | | | | 1982)), humanely stated, the burden of |
| asbestos fibers. Employers have the responsibility to | | | | illness
should fall on those who profit from its |
| protect the safety and health of the employees, and in | | | | production
, throwing out a state of business |
| today’s modern societies, it is legally mandatory | | | | practices at the time defense that defendant |
| for employers to protect their employees from danger. | | | | asbestos companies were praying upon for relief. |
| Company fines and business closures can result for | | | | Around the world, the deadly consequences of |
| those companies that put profit over people, and so | | | | working with asbestos is gaining increased recognition, |
| can litigation resulting in millions of dollars of | | | | and asbestos workers are gaining increased support in |
| compensation paid to injured workers. | | | | their court bids for compensation of asbestosis and |
| Asbestos workers have joined together to set | | | | mesothelioma. In 1989, Australia established the Dust |
| precedent court decisions in asbestos cases that will | | | | Diseases Tribunal for asbestos cases, and in 1991, |
| facilitate faster trial decisions and undermine confusion | | | | Australia banned asbestos. In 2005, the European |
| in the interpretations of the occupational laws. | | | | Union followed with their own ban on asbestos. In the |
| Many workers, however, do not receive just | | | | UK, a compensation fund for asbestos workers |
| compensation. Lack of medical records, multiple | | | | diagnosed with mesothelioma has been established |
| possible causes of lung disease, unawareness of the | | | | within the Department of Societal Development. This |
| right to legal compensation, or the lack of legal | | | | fund disperses payment to mesothelioma patients |
| representation, prevents many asbestos workers from | | | | within a week of the diagnosis of mesothelioma and |
| receiving their just compensation for asbestosis or | | | | reduces the risk of a mesothelioma patient dying |
| mesothelioma. | | | | before receiving a settlement (which frequently |
| Although workers compensation cases have been | | | | happens with lengthy civil trials). |
| recognized in the courts since the 1920s, the first US | | | | Asbestosis and mesothelioma patients suffering from |
| trial against an asbestos product wasn’t held | | | | incurable and fatally progressive diseases due to |
| until 1966 by plaintiff Claude Tomplait. The case lasted | | | | employer negligence and manufacturer’s |
| three years, and the decision was made on behalf of | | | | disregard for danger are due compensation for their |
| the defendant. In 1969, Claude’s lawyer then | | | | pain, and employers are beginning to pay. |
| represented Clarence Borel, a co-worker of | | | | |