The Asbestos Victims Association has accused the South Australian Government of delaying regulations that would allow compensation of asbestos victims.
Campaigner Terry Miller says the relevant laws passed Parliament three years ago, but there are problems regarding when liability will be recognised.
He says the minister has set 1971 as the date when companies first knew about the dangers of asbestos, but BHP Billiton wants a later date.
"In May this year he invited us to comment on a review date of 1971. We believe that it should be 1960 and we believe that would be fair," he said.
"This delay it just makes me so angry, it's gone on so long."
Time Delay
Tim Sutton, whose mother died of mesothelioma, went through a protracted legal process for compensation and says the new laws are needed now.
"For us it was a very, very difficult time for my family and I wouldn't wish it upon my worst enemy - the time delay in regards to court hearings and that we eventually settled out of court because of the time," he said.
In April, the SA Government changed the date for recognition of additional damages from 1979 to 1971.
That date recognises when companies knew about the dangers of asbestos and could lead to a premium compensation payment to victims.
BHP Billiton thinks the date should be changed back to 1979.
Independent Senator Nick Xenophon says he is worried the SA Government may bow to the pressure.
"The Government needs to work out whether it's there to kowtow to the Big Australian, BHP, or whether to look after the little guy who suffers the consequence of asbestos-related disease," he said.
SA Attorney-General Michael Atkinson says the Government will not be pressured.
"I rather doubt that any of the representations made to date, especially BHP Billiton, cause me to change my mind," the Minister said.
Mr Atkinson has not ruled out taking the recognition date back to 1960, as victims and their supporters are seeking.
Source: ABC News
Search Here!
Custom Search
Wednesday, December 17, 2008
Sunday, December 14, 2008
Legacy of Asbestos Exposure
THE legacy of exposure to asbestos is thousands of deaths every year. Here BHP’s Louise Scott takes a look at the legal implications of the issue.
ASBESTOS-RELATED diseases - mesothelioma, asbestosis and lung cancer - are believed to kill at least 3,000 people a year.
This figure is expected to rise to 10,000 by 2011.
The people who will die because of exposure to asbestos have already inhaled the fatal dose of asbestos fibres.
It can take anywhere from 15 to 60 years after first exposure before the development of the fatal disease.
For many years it was accepted that the insurance company providing insurance to the employer at the date of exposure to asbestos dust should be responsible for payment of compensation.
However, two years ago a decision of the Court of Appeal in connection with a different type of legal dispute led some insurers to argue that the insurance company providing cover at the time the disease developed should be responsible for paying compensation.
In reality this would have meant that in very many cases compensation was not paid. Most of the companies involved had ceased to exist by the time former employees’ illnesses developed and so there was no insurance in place.
A recent High Court verdict rejected the insurance companies’ attempt to deny compensation.
Although their argument failed, some insurers stopped paying compensation to claimants whilst the case was being argued, leading to financial hardship.
In many cases the victim died before compensation could be received.
For many insurance companies their liability to pay compensation to victims of asbestos related illness is a potential time bomb.
If they had been successful they would have saved billions of pounds and even more victims would have lost out on much needed and deserved compensation payments.
Given the economic crisis, which has hit the insurance industry hard, the insurance companies are likely to continue to do everything they can to avoid the responsibilities they took on when they sold their policies many years ago.
If you are worried about asbestos related disease, contact your GP, particularly if you have breathing problems.
You should ask for a chest x-ray if: you have had prolonged exposure to asbestos (or think you have); have had ‘burst exposure’ (a very heavy concentration) to asbestos for short periods; you are an immediate family member of people who have worked in asbestos-related industries, even if they have no symptoms.
If you are diagnosed with an asbestos related disease you should contact a specialist solicitor immediately.
Source: Evening Gazette
ASBESTOS-RELATED diseases - mesothelioma, asbestosis and lung cancer - are believed to kill at least 3,000 people a year.
This figure is expected to rise to 10,000 by 2011.
The people who will die because of exposure to asbestos have already inhaled the fatal dose of asbestos fibres.
It can take anywhere from 15 to 60 years after first exposure before the development of the fatal disease.
For many years it was accepted that the insurance company providing insurance to the employer at the date of exposure to asbestos dust should be responsible for payment of compensation.
However, two years ago a decision of the Court of Appeal in connection with a different type of legal dispute led some insurers to argue that the insurance company providing cover at the time the disease developed should be responsible for paying compensation.
In reality this would have meant that in very many cases compensation was not paid. Most of the companies involved had ceased to exist by the time former employees’ illnesses developed and so there was no insurance in place.
A recent High Court verdict rejected the insurance companies’ attempt to deny compensation.
Although their argument failed, some insurers stopped paying compensation to claimants whilst the case was being argued, leading to financial hardship.
In many cases the victim died before compensation could be received.
For many insurance companies their liability to pay compensation to victims of asbestos related illness is a potential time bomb.
If they had been successful they would have saved billions of pounds and even more victims would have lost out on much needed and deserved compensation payments.
Given the economic crisis, which has hit the insurance industry hard, the insurance companies are likely to continue to do everything they can to avoid the responsibilities they took on when they sold their policies many years ago.
If you are worried about asbestos related disease, contact your GP, particularly if you have breathing problems.
You should ask for a chest x-ray if: you have had prolonged exposure to asbestos (or think you have); have had ‘burst exposure’ (a very heavy concentration) to asbestos for short periods; you are an immediate family member of people who have worked in asbestos-related industries, even if they have no symptoms.
If you are diagnosed with an asbestos related disease you should contact a specialist solicitor immediately.
Source: Evening Gazette
Tuesday, December 2, 2008
Mesothelioma Law Firm Reaches Out to Patients and Families Online
SimmonsCooper LLC, a nationwide law firm specializing in mesothelioma litigation, continues to use the Internet to reach out to patients and families affected by the rare cancer caused by exposure to asbestos. Earlier this year, the Illinois-based firm launched an award-winning Internet video library covering mesothelioma-related topics. Now the firm has launched the Mesothelioma Support blog, a source for news, information and support for individuals and families coping with mesothelioma.
Michael Angelides, asbestos attorney and partner at SimmonsCooper explained, "Over the years we've worked with so many families, doctors, and experienced asbestos experts - we've developed such an incredible network of resources. We feel compelled to try to connect families with the best information and resources possible, legal or otherwise, and reaching out online is just one of the ways we try to do that."
The Mesothelioma Support blog is updated several times each week. The blog offers timely and helpful entries on such topics as "When a Parent Has Mesothelioma," Dealing with Asbestos in Your Home," and "Tips for Mesothelioma Caregivers." The blog also provides a medium for posting questions and concerns on asbestos exposure and mesothelioma. The blog can be read at http://www.simmonscooper.com/blog/mesothelioma.
SimmonsCooper has also established a presence on social media sites like Twitter and Facebook. Twitter, a free social networking site that specializes in "micro-blogging," allows the firm to present short snippets of information about asbestos exposure and malignant mesothelioma. New information is presented on a daily basis, increasing awareness and hopefully preventing more asbestos exposure to families throughout the U.S. SimmonsCooper's Twitter page can be accessed at http://twitter.com/SimmonsCooper.
SimmonsCooper has pledged over $10 million to cancer research and works with top mesothelioma medical experts throughout the country, supporting their work toward a cure.
Michael Angelides, asbestos attorney and partner at SimmonsCooper explained, "Over the years we've worked with so many families, doctors, and experienced asbestos experts - we've developed such an incredible network of resources. We feel compelled to try to connect families with the best information and resources possible, legal or otherwise, and reaching out online is just one of the ways we try to do that."
The Mesothelioma Support blog is updated several times each week. The blog offers timely and helpful entries on such topics as "When a Parent Has Mesothelioma," Dealing with Asbestos in Your Home," and "Tips for Mesothelioma Caregivers." The blog also provides a medium for posting questions and concerns on asbestos exposure and mesothelioma. The blog can be read at http://www.simmonscooper.com/blog/mesothelioma.
SimmonsCooper has also established a presence on social media sites like Twitter and Facebook. Twitter, a free social networking site that specializes in "micro-blogging," allows the firm to present short snippets of information about asbestos exposure and malignant mesothelioma. New information is presented on a daily basis, increasing awareness and hopefully preventing more asbestos exposure to families throughout the U.S. SimmonsCooper's Twitter page can be accessed at http://twitter.com/SimmonsCooper.
SimmonsCooper has pledged over $10 million to cancer research and works with top mesothelioma medical experts throughout the country, supporting their work toward a cure.
Subscribe to:
Posts (Atom)