Court Decisions that Protect and Compensate Asbestos WorkersAsbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.

Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.

Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws. Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.

Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.

Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).

Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.

Medical records that pertain to asbestosis or mesothelioma must be dug up from the archives of the past. Without medical record collections and retrievals, the forewarnings of impending asbestosis and mesothelioma come only from witnessing the sufferings of an asbestosis patient or the languishing death of a mesothelioma cancer patient.Asbestosis and mesothelioma statistics are sharply under-estimated due to the lack of many nations to implement an efficient medical retrieval system and properly care for and diagnose lung disease patients who are suffering from asbestosis or mesothelioma due to asbestos exposure. In many nations, physicians that are able to properly diagnose the disease are rarely, if ever, available. These same nations often have poor record keeping systems in place to monitor health trends and examine medical histories. Many times asbestosis and mesothelioma are simply referenced as “lung disease,” without a proper determination of the classification of lung disease.

Years pass before these progressive lung diseases start showing their scarring presence, but an archive of medical history can facilitate proper diagnosis, and national archives of medical histories can facilitate early warnings. Despite this knowledge, India has no cancer registry, nor does it have a system for recording mesothelioma and asbestosis cases. In the Philippines, the Occupational Safety and Health Center (OSHC) reports that asbestos caused diseases will be under diagnosed due to low employer participation in submitting medical records to a central agency. (Less than 5% of employers do so.)

In Brazil, where corporations scurry to cover any implications of occupational hazards or ill will, medical records are virtually non-existent for asbestos workers. The Eternit asbestos plant in Brazil has had asbestos workers for over 50 years, yet no medical records were ever kept prior to 1978. In China, death records are purged and permanently eliminated after death, leaving no source for documenting trends in deaths or comparisons and similarities between diseases. And although China is one of the top five asbestos producers and users in the world, this nation continues to have a minimal amount of empirical studies on the implications of asbestos exposure.

Fortunately, in many nations, allowable exposure limits are being reduced, inspections are being heightened, and politicians and corporations are being pressured. Environmental groups and protection agencies continue to test asbestos material and promote its eventual ban. Unfortunately, politics and corporations still govern irresponsible asbestos promotions, and millions of innocent people are unaware of its dangers. The lack of public awareness has led to a deadly economic dependency on asbestos.

Asbestosis and mesothelioma deaths need to be recorded, death records need to be maintained, and medical histories of asbestos workers need to be compiled to gain a full realization of the statistical and economical impact of the world’s burgeoning asbestosis and mesothelioma crisis. Asbestosis and mesothelioma records are useless, however, unless they are used to promote change and develop public awareness - which is precisely what the mining and trading nations are afraid of.

The lung diseases asbestosis and mesothelioma have been proven for decades to be a result of asbestos exposure. Yet, asbestos continues to be mined, and employers still fail to protect workers from the dangers of asbestos. Faint warnings to the public have been made barely audible, and a deadly global health epidemic is looming on the horizon.Asbestosis and mesothelioma are the subjects of 21st century international reports warning international officials, advocacy workers, and the general public of an impending epidemic of these two devastating diseases. Asbestosis and mesothelioma, which are caused by exposure to asbestos, take decades to surface symptoms, and the retired workers of yesteryear’s thriving asbestos industries are beginning to suffer from asbestos related diseases today.

In countries like Brazil, workers suffered decades under corrupt politics, medical care was discouraged, workers were randomly dismissed from employment, and diagnostic tests were not made available to support any identification or claim for asbestosis or mesothelioma. It is only recently that unions protecting workers have surfaced, but for thousands of asbestos workers, it is too late to avoid succumbing to the harsh lung disease of asbestosis or the fatal cancer of mesothelioma.

As workers and innocent home dwellers continue to be exposed to asbestos, the death estimates due to asbestos related diseases will continue to reach into the next half century. Factories in China spew asbestos from their factories into neighboring cities. In Africa, a state of emergency has been requested in asbestos filled territories where hundred-mile stretches are filled with residents living, working and sleeping while surrounded by airborne asbestos fibers. In India, the European Asbestos Removal Association (EARA) issued a 2008 report titled “India’s Asbestos Time Bomb” which warns of India’s future burden of caring for tens of thousands of asbestosis and mesothelioma patients as a result of India’s infatuation with asbestos products. In this asbestos removal report, comparisons are made between the export levels of India and the UK. In just two decades, India’s asbestos imports surpassed the levels that the UK used in their entire industrial history. The UK is now facing record levels of occupational disease, with thousands dying from mesothelioma every year. Despite the UK’s forewarning of the future, India continues to import massive tons of asbestos products annually, and corporations with significant monetary interest encourage unsuspecting consumers to embrace the use of asbestos products.

Even with indiscriminate medical records that deflate the actual deaths due to asbestosis and mesothelioma, the World Health Organization estimates that asbestosis and mesothelioma will be responsible for 90,000 deaths around the world in a single year. As long as asbestos continues to be mined, imported and exported - the numbers will continue to rise over the next century.

Asbestosis and mesothelioma are not diseases that are easily recognized by physicians or the lay citizen. The public must be made aware of the dangers of working with, and living with, asbestos made products. Scientists and manufacturers must race to discover the economic answer to replace asbestos products with a safer alternative. But with or without change, the next decade will surface the consequences of haphazard occupational healthcare as the children of tomorrow care for the asbestos workers of today