Asbestos Bill Aims to Cap Monies Sought in Restitution

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September 14, 2007

The Fairness in Asbestos Injury Restitution Act of 2006, or FAIR act asbestos bill, currently being introduced in the Senate will make it harder for those exposed to the cancer-causing mineral to file heath-related lawsuits. The bill was introduced three years ago and has undergone several revisions, having had more than a few amendments added to it before its finalization.

The bill will put an end to individualized claims for those who have worked around asbestos-laden worksites, or those with a mesothelioma diagnosis. It aims to set aside a $140 billion trust to pay out asbestos-related claims, putting a cap on monies sought in conjunction with the growing number of mesothelioma lawsuits. Stronger evidence of illness will be required for people who seek restitution from healthcare costs due to illness. The bill will provide a certain amount of protection to those in the asbestos industry whose products lead to the current mesothelioma crisis.

Proponents of the act say that the bill will fairly compensate mesothelioma suffers. Opponents disagree in that the asbestos industry now pays compensation that has climbed into the billions in damages. Under the bill, those held responsible for asbestos illness will only have to contribute shares in the millions, subsequently buying out their share in damages.

Should the bill ever be adopted, the resolution for those who’ve seen escalating medical bills from chemotherapy, radiation, and general care of their asbestos-related disease could be severely hampered. For those who have been exposed to asbestos through their work history or those who have been given a mesothelioma diagnosis, it is of the utmost importance that they act now in securing an attorney to discuss whether a lawsuit can be brought against employers or manufacturers of asbestos materials. A delay in action could mean the risk of losing benefits owed to them in personal injury damages.

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