Posts Tagged ‘compensation’

Missouri may pass asbestos claims transparency bill

24 Apr 2017 by under News

480px Seal of Missouri 100x100 Missouri may pass asbestos claims transparency bill Nearly a quarter of states have claims transparency laws on the books, and is poised to raise the number to 13, according to the St. Louis Record. Even if the bill making its way through the General Assembly does not pass this session, it is expected to be reintroduced during the next one. (more…)

House Judiciary Committee approves controversial FACT Act to regulate asbestos trusts

20 Feb 2017 by under Legal, News

United States House of Representatives 2017 100x100 House Judiciary Committee approves controversial FACT Act to regulate asbestos trusts

The House Judiciary Committee approved a bill last week targeting asbestos injury . The bill, the Furthering Asbestos Claim Transparency Act of 2017 () or H.R. 906, claims to “weed out unmeritorious class action claims,” according to Forbes. The act, which met tough opposition during its last run, was reintroduced by Rep. Blake Farenthold (R-Texas) this year in hopes a Republican majority in Congress would see the bill signed into law by the Republican president.

H.R. 906 passed the committee by a 19-11 vote. And though it has managed to slip back onto the docket, all of the previous opposition still applies, as Legal Newsline confirmed it was the same version as last year’s bill. (more…)

Japanese workers call for government support of asbestos illness claims

24 Mar 2009 by under Legal, News

The Tokyo-based Ban Network (BANJAN) is lobbying the Japanese government to recognize and support compensation for workers who contracted mesothelioma or other asbestos-related diseases on the job. The organization is made up of civic groups and labor unions.

BANJAN is examining cases where workers contracted mesothelioma, a cancer that affects the lining of the lungs, as well as asbestos-related lung cancer. The group says only 7 percent of those who develop lung cancer as a result of asbestos exposure receive any support or compensation. Support for mesothelioma patients has increased slightly, from about 44.4 percent between 1995 and 2007, to about 51.8 percent of victims receiving compensation in 2004.

According to a report in The Mainichi Daily News,  often times those suffering from mesothelioma or asbestos-related illnesses are not aware of available services, or do not know how to go about filing for compensation. There also are strict guidelines to qualify for compensation, promptin BANJAN to call for a revision of the Asbestos Health Damage Relief Law to help workers qualify for benefits.

Perhaps a good sign, this week Daily News reported that the head council for the Fund for Local Government Employees Accident Compensation overturned an earlier decision to deny compnesation to the family of a worker who died of mesothelioma. Masanori Takeda died in December 2005. His work involved handling asbestos insulation.

Originally, the News reports, the compensation fund’s Osaka branch and its screening committee rejected the claim for compensation, which was filed by Takeda’s wife, saying the asbestos exposure was not a primary function of the worker’s job and therefore didn’t qualify for the public service casualty compensation.

However, the head council ruled the man’s job did involve long term exposure to asbestos, and that the mesothelioma was a result of that exposure, and granted the compensation claim.

UK meso victims win round one in battle for compensation

26 Nov 2008 by under Legal, News, Video

In what unions in the are calling a “hugely important victory,” the High Court ruled insurance policies in place when a worker was exposed to asbestos are liable for asbestos-related illnesses, including mesothelioma, which may develop later, according to a BBC News report. The verdict was delivered in a “test case” that examined six individual cases against insurance companies.

According to the news report, the High Court had to decide which insurance policy should cover mesothelioma and other asbestos related diseases – the one in effect at the time of exposure (a liability insurance held by companies to insure them against claims by employees injured on the job) or the one in effect when a worker becomes sick.

Part of the problem with asbestos-disease related claims is that there is usually a very long latency period for mesothelioma and other asbestos diseases. Sometimes symptoms do not develop for as many as 40 or more years after exposure. As a result, a person does not realize he or she has been injured in the workplace until many years later.

According to the BBC story, this ruling was especially important because many new insurance policies have exemptions against asbestos-related claims.

More than 2,000 people were diagnosed with mesothelioma in the UK last year, and those numbers are expected to grow.

BBC video: Mesothelioma victims’ solicitor Carolann Hepworth reacts to High Court Ruling.