Asbestos and Mesothelioma Law
Asbestos is a material used to make certain items fire retardant, which include some of the following: lawn furniture; pipe and ceiling insulation; fireplace cement; concrete; bricks; fireproof drywall; drywall joint compound; heat, fire, and acid resistant gaskets; roofing; and flooring. Mesothelioma is a rare but fatal cancer that is caused by exposure to asbestos. The time between exposure and the appearance of symptoms can range greatly, generally between 20 to 50 years. This can present several unique challenges when pursuing a personal injury claim for the asbestos exposure.
What is Asbestos and Mesothelioma law? This subset of personal injury law covers the toxic tort lawsuits that mesothelioma victims may file in order to recover damages and seek reparations for medical expenses, lost income, pain and suffering, and mental anguish, and to secure their families’ financial future after they are gone. When sufferers of mesothelioma choose to sue for damages, they must file their lawsuits individually. Each victim’s prognosis and medical history is different and this precludes them from filing or joining in class action suits.
Sixty countries around the world have banned the use of asbestos in some manner, either partially or completely. However, several countries in Asia are notably resistant to placing any type of ban on its production, sale and use. In the United States, although the Environmental Protection Agency (EPA) promulgates standards meant to standardize and control permissible levels of asbestos exposure in the workplace, it has never issued an outright ban on its use. Additionally, asbestos was one of the first hazardous air pollutants regulated under the Clean Air Act of 1970, and the Toxic Substances Control Act forbids many of its applications. Despite all this, asbestos is still used in a wide variety of products in the U.S and internationally and remains a hazard to millions of construction and maintenance workers throughout the U.S.
Defendants in asbestos lawsuits are those parties considered responsible for asbestos exposure. They most commonly include asbestos manufacturers, asbestos installers, employers, landlords and leasing agents. Many of these cases are settled out of court. Visit Us at Google+ Copyright HG.org
Asbestos and Mesothelioma Law — US
- Asbestos Definition - Wikipedia
Asbestos is a naturally occurring silicate mineral with long, thin fibrous crystals. The word asbestos (ἄσβεστος) is derived from a Greek adjective meaning inextinguishable. The Greeks termed asbestos the miracle mineral because of its soft and pliant properties, as well as its ability to withstand heat. The inhalation of asbestos can be potentially lethal.
- Asbestos Exposure and Your Legal Rights
A brief history of asbestos-related law and its current status: what are your rights when you suffer from a disease caused by asbestos exposure?
- Asbestos Hazard Emergency Response - US Code - Wex
The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school buildings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with respect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary.
- Asbestos Information Act of 1988 - Purpose and Section-by-Section Analysis
This legislation is intended to facilitate the early identification of the manufacturer or processor of a particular type of asbestos or asbestos-containing material. Earlier identification should help reduce the time and costs associated with naming parties as defendants in asbestos litigation in which the products manufactured or processed by such person were not used in building which is the subject of the litigation.
- Asbestos Regulation - US Environmental Protection Agency
The U.S. EPA Region 4 conducts inspections throughout the eight southeastern states to evaluate compliance with the Agency's asbestos regulations. EPA regulates asbestos according to two environmental laws, the Asbestos Hazard Emergency Response Act (AHERA), which addresses asbestos in schools, and the National Emission Standards for Hazardous Air Pollutants (NESHAP), issued pursuant to the Clean Air Act.
- Asbestos School Hazard Detection and Control - US Code - Wex
It is the purpose of this chapter to direct the Secretary of Education to establish a task force to assist States and local educational agencies to ascertain the extent of the danger to the health of school children and employees from asbestos materials in schools.
- Asbestos Trust Fund - US Code - Wex
There is established in the Treasury of the United States a trust fund to be known as the “Asbestos Trust Fund”, consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section.
- Asbestos, Cancer, & Mesothelioma Legal Concerns & Resources
Despite the rush to deregulate every corporate industry by the last four Presidential Administrations, most of the laws pertaining to worker and product safety are still in place. Corporations who violate these regulations--particularly when it results in injury (illness) or death--can still be held liable under civil statutes. In some cases, they can be found criminally liable as well.
- Federal Agencies and Mesothelioma
The pervasive nature of asbestos use, exposure, and now health maladies - like Mesothelioma - linked with asbestos exposure requires a widespread network of government resources. Listed here are some of the most important federal agencies associated with dissemination of asbestos-related regulations, standards, and information.
- Medical Criteria Requirement for an Asbestos and Mesothelioma Claim
This is the latency, diagnostic, exposure and medical criteria required of an asbestos claim for each of the nine disease levels. Levels I through V include nonmalignant asbestos-related disease or conditions and levels VI through IX include malignant diseases.
- Occupational Safety and Health Standards for Shipyard Employment - Toxic and Hazardous Substances
This section regulates asbestos exposure in all shipyard employment work as defined in 29 CFR part 1915.
- Safety & Help Topics: Asbestos — US Department of Labor
An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job, particularly workers in the construction industry or employees in the manufacture of asbestos products. OSHA and the Environmental Protection Agency (EPA) asbestos rules are intertwined. In this page you can find answers to questions relating to asbestos exposure in the workplace.
Asbestos and Mesothelioma Law — Europe
- Asbestos Compensation in Europe
The European Union (EU) has many laudable objectives few of which seem to improve the plight of hundreds of thousands of Europeans whose lives have been blighted by the widescale and often unregulated use of asbestos.
- Asbestos Hazards Handbook - UK
We face a massive and totally preventable epidemic of early, painful death and suffering caused by asbestos. Its evil effects have been known for nearly 100 years, yet in the next 30 years 150-250,000 UK citizens will die of lung cancer, mesothelioma and asbestosis. In the last 20 Years, action by trade unions and tenants' groups has saved lives. Inspired by campaigners like Dick Jackson, the Hazards Campaign did not swallow the myths that blue asbestos was the only real killer, that fibres in cement were 'locked in', that non-occupational exposures were not sufficiently high to cause disease, or that the relatively rare mesothelioma was the only cancer to worry about.
- Asbestos: The current situation in Europe
Although the worldwide insurance market is used to thinking of asbestos as a “US problem”, it was used widely around the world. It is clear that European-sourced asbestos costs are now emerging as social and insurance issues. There are increasing numbers of academic and governmental studies of the problem, as well as relevant legal developments, both within individual countries and for the European Union.
- EU Legislation: Asbestos in Products — CBI
A page from the Centre for the Promotion of Imports from developing countries (CBI) containing a series of documents on the EU legislation regarding asbestos in products, as well as the relevant legislation of each EU member state.
- European Asbestos Campaign — European Agency for Safety and Health at Work
Following the Dresden Declaration at the asbestos conference in 2003, the Senior Labor Inspectors’ Committee (SLIC) took the initiative for a common Europe-wide Campaign in order to increase the attention to health and safety when dealing with built-in asbestos. The main focus of the campaign is on the protection of workers in maintenance-demolition-removal activities and waste disposal. In this page, you can find links to learn more about the Dresden Declaration, the key issues regarding asbestos, and the current legislation.
- Liability for Asbestos Related Disease in England and Germany
As more cases of asbestos-related diseases surface and tales of mounting pressure in the United States continue to hit the headlines, in conjunction with those concerning a possible mammoth trust fund to put an end to US litigation, companies on both sides of the Atlantic are asking themselves about potential exposure in Europe.
- Nano-Mesothelioma False Alarm - by the Nanotechnology Law Report - Poland
In May 2008, a scientific study (the “Poland Study”) was published in Nature Nanotechnology—which sparked a rash of popular media claims that like asbestos, exposure to carbon nanotubes may cause mesothelioma. In this article, a team led by lawyer John Monica evaluates the Poland Study in a potential litigation context to determine its significance, if any, in legally establishing that the inhalation of multiwalled carbon nanotubes (“MWCNTs”) causes mesothelioma.
Asbestos and Mesothelioma Law — International
- Asbestos and the Law - Wikipedia
In the late 1800s and early 1900s, asbestos was considered an ideal material for use in the construction industry. It was known to be an excellent fire retardant, to have high electrical resistivity, and was inexpensive and easy to use. The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them. They are also sharp and penetrate tissues.
- Asbestos Laws in Australia
Several links by the ACT Government relating to Asbestos Laws, such as the Building Act (2004) and the Dangerous Substances Act (2004).
Organizations Related to Asbestos and Mesothelioma Law
- All About Malignant Mesothelioma
All About Malignant Mesothelioma is a one-stop health resource containing more than 100 pages for consumers and patients who have been diagnosed with malignant mesothelioma, and other asbestos-related diseases. The site offers information about the diagnosis, treatment, news, patient stories, legal rights and additional topics pertaining to mesothelioma and asbestos exposure.
- Asbestos Disease Awareness Organization (ADAO)
Asbestos Disease Awareness Organization (ADAO) was founded by asbestos victims and their families in 2004. ADAO seeks to give asbestos victims and concerned citizens a united voice to help ensure that their rights are fairly represented and protected, while raising public awareness about the dangers of asbestos exposure and often deadly asbestos related diseases. ADAO is an independent organization funded through voluntary contributions and staffed by volunteers.
- Asbestos Information Center
The National Center for Public Policy Research is a communications and research foundation supportive of a strong national defense and dedicated to providing free market solutions to today's public policy problems. We believe that the principles of a free market, individual liberty and personal responsibility provide the greatest hope for meeting the challenges facing America in the 21st century.
- Ban Asbestos Canada
Ban Asbestos Canada is a non-profit, volunteer-run, civil society organization. It is a coalition of labour, public health, environmental and human rights groups, academic and scientific experts, and above all concerned citizens, victims, and their families. As an organization it seeks to provide just compensation to those affected by asbestos , establish a national registry of asbestos diseases, and provide a just transition to those still working in the asbestos industry.
The Committee to Ban Asbestos in America (CBAA) was formed by public health advocates to ban asbestos and fund federal medical and educational programs in the United States.
- International Ban Asbestos Secretariat (IBAS)
The International Ban Asbestos Secretariat (IBAS), established in 2000, provides a conduit for the exchange of information between groups and individuals working to achieve a global asbestos ban and seeking to alleviate the damage caused by widepsread asbestos use. Such use may be largely historical in the established economies of the West but is continuing in developing nations.
- Mesothelioma Cancer Center
Asbestos.com is committed to providing the latest, up-to-date information to our visitors in the hopes of spreading awareness about the dangers of asbestos cancer. This website offers a one-stop resource on all asbestos issues ranging from occupational exposure to mesothelioma treatment options.
- Mesothelioma Web
For those diagnosed with mesothelioma, an asbestos-related cancer of the lining of the lung (pleura) or the lining of the abdominal cavity (peritoneum), finding a credible source of information about the disease itself and the medical options available, is of the highest priority. After years of research and synthesis of information, we have assembled a web site and packet for patients and their loved ones.
- National Cancer Institute
The National Cancer Institute coordinates the National Cancer Program, which conducts and supports research, training, health information dissemination, and other programs with respect to the cause, diagnosis, prevention, and treatment of cancer, rehabilitation from cancer, and the continuing care of cancer patients and the families of cancer patients.
Publications Related to Asbestos and Mesothelioma Law
- Asbestos Today
Asbestos Today is an online magazine that aggregates the latest asbestos and mesothelioma news, since 2003. Specializing in Asbestos Bankruptcy, Asbestos Bankrutcy Funds, Trusts and Company news.
- British Asbestos Newsletter
The British Asbestos Newsletter is a quarterly publication which is distributed to victim support groups, public bodies, lawyers, solicitors, barristers, researchers, doctors, academics and environmentalists in over thirty countries. Initially the focus of our articles was on asbestos-related news in Britain but latterly European, Australian and international events have been covered.
- Occupational Exposure to Asbestos — US Department of Labor, OSHA
These final standards amend the Occupational Safety and Health Administration's (OSHA's) standards issued June 17, 1986 for occupational exposure to asbestos in general industry, and the construction industry. In addition, they include a separate standard covering occupational exposure to asbestos in the shipyard industry.
Articles on HG.org Related to Asbestos and Mesothelioma Law
- Asbestos Trusts Assess and Pay Claims in Accordance with Trust Distribution ProceduresTrusts typically offer claimants two options for claim review, either expedited review or individual review.
- The Dangers of AsbestosThe natural occurring mineral asbestos is a well-known human carcinogen. Despite the current knowledge of its danger, asbestos has been used prevalently throughout human history and its effects are still being felt today. People normally associate the causes of cancer with tobacco or perhaps exposure to radiation. However, there are a number of harmful materials that, after prolonged exposure, can cause cancer.
- MesotheliomaMesothelioma is a type of rare cancer that is caused by exposure to asbestos and the inhalation of asbestos particles. Asbestos is a set of naturally occurring silicate minerals that is used commercially for its resistance to fire, heat, and electrical damage and applied for use in electrical insulation and building insulation.
- Asbestos Exposure and Naval VeteransNaval Veterans may have been exposed to asbestos during their service. This can lead to a number of harmful disease including lung cancer and mesothelioma. Lawsuits are now underway to help victims of asbestos exposure. Breathing asbestos has been associated with a multitude of medical ailments, including lung cancer and mesothelioma (a cancer of the lung lining).
- Asbestos-Related Personal Injury ClaimsOn behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois News, Personal Injury, Product Liability, Toxic Torts.
- 5 Facts about Peritoneal MesotheliomaMesothelioma Affects the Lining of the Abdomen as well as the Lungs - If you receive a diagnosis of peritoneal mesothelioma, you likely need to learn as much as possible about it. The peritoneum is the lining that surrounds almost all the abdominal organs. This lining provides support as well as protection from external invaders.
- Is Bonded Asbestos Dangerous?All else equal, bonded asbestos is not friable, meaning that it cannot be crumbled into dust in the hand without the use of tools; however, it can become friable if worked on with power tools, through weathering, and even through normal wear and tear. The greatest harm that can arise from friable asbestos is that if inhaled, it can lead to mesothelioma – a rare form of incurable cancer.
- Asbestos Found in SchoolsJust recently, in the village of Carpentersville (a small suburb north of Chicago), asbestos was found in several classrooms at Sunny Hill Elementary School (District #220).
- Is the Company Responsible for Your Mesothelioma Bankrupt or Insolvent?Oftentimes companies who are responsible for causing mesothelioma or similar asbestos related diseases have become insolvent or bankrupt. Naturally, those injured by one such company may feel that they have no recourse, no way to get justice against those responsible for causing this harm, and no way to be compensated for this injustice. Much to their surprise they find out that the opposite is often true.
- HVAC Mechanics: Risk AwarenessHVAC workers and mechanics must be aware of their increased risk to their potential exposure to asbestos, the leading cause of mesothelioma.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.