Asbestos Compensation Act
- Asbestos is a natural, mineral fiber that grows inside rock formations. Its physical structure is made up of silicon and oxygen, which makes for an organic-like material, according to the National Cancer Institute. Asbestos is highly resistant to heat, chemicals and fire, which accounts for its multipurpose use within the manufacturing industry. Its physical structure makes for a serious health threat to humans when products containing asbestos are damaged or deteriorated, or when individuals are exposed to it for long periods of time. Mesothelioma, other lung cancers and asbestosis are three diseases that can result from ongoing asbestos exposures.
- Asbestos compensation acts developed as a means for compensating workers who had become ill from asbestos exposures, according to Mesothelioma, an online resource site. The Fairness in Asbestos Compensation Act was the first piece of legislation introduced in 1999. The act was the result of years of proposed legislation that started as far back as the mid-1970s, according to the Mesothelioma Resource Center. The act sought to impose stricter regulations regarding workplace procedures and asbestos use in general. Also at issue were the rights of asbestos victims and their right to seek legal recourse against the asbestos manufacturing industry.
- When inhaled, asbestos' miniscule, fiber-like filaments can become lodged in the lungs and airways. Over time, these particles begin to irritate lung tissue and impair the body's immune system response, according to Mesothelioma. Symptoms of asbestos poisoning can take as long as 40 to 50 years to surface. By this time, the condition is often diagnosed as terminal, because significant damage has already taken place. The Fairness in Asbestos Compensation Act was designed as a means for compensating asbestos victims without the need for legal proceedings. And while the act does provide some amount of compensation, oftentimes victims require extensive medical care once a diagnosis has been made, according to the Mesothelioma Resource Center.
- The Fairness in Asbestos Compensation Act of 1999 failed to become law as a result of the discrepancies surrounding adequate compensation and the legal rights of those affected. A second attempt to establish a law was made in 2003 with the Asbestos Claim Criteria Compensation Act. This piece of legislation attempted to establish a national trust from which asbestos victims would be compensated, according to the Mesothelioma Resource Center. Affected persons would have to meet a certain set of medical criteria before becoming eligible for compensation. Again, victims would waive their right to legal representation in the process with no guarantee that sufficient compensation would be provided. The act failed to pass for the same reasons as the 1999 attempt.
- Attempts to reintroduce the national trust fund idea came about in 2004 under the title of "The Fairness in Asbestos Injury Resolution Act." A dollar amount of $124 billion was set aside for asbestos victims and actually increased to $140 billion by 2006, according to the Mesothelioma Resource Center. This same piece of legislation was reintroduced in 2005 and 2006 due to lack of support in 2004. As of 2010, the Fairness in Asbestos Injury Resolution Act remains on hold, so no actual legislation exists to compensate individuals affected by asbestos within the manufacturing industry.
Asbestos
Compensation Act
Function
National Trust Fund
Resolution Act
Source...