20 Asbestos Lawyer Websites Taking The Internet By Storm

Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. Laws vary by state however, in general, property owners are required to keep their premises safe and inform employees of potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even in the present, asbestos is found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, a qualified inspector should examine the area. A professional can help you determine what should be done should asbestos be found in your property and will collaborate with an abatement company when needed.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It can be difficult to prove a defendant's fault. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain strict liability, negligence and the different types and advise whether this theory applies in your case. The law also requires that employers provide safe working conditions and adequate safety education to employees. This requirement can also apply to owners of buildings where asbestos lawsuit is used when it is determined that the buildings will be utilized by third party employees.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to create "bankruptcy funds" which pay injured victim's pennies on the dollars of their losses in the past. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.

Congress was able to consider but did not adopt legislation that would have established an investment fund of $140 billion for asbestos instead of pursuing litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer a common ingredient in building materials, and some Americans might have believed asbestos was banned. The United States is one the few industrialized countries which do not have a ban on asbestos despite its well-known cancer-causing properties. This is an issue that our lawyers and the international anti-asbestos movement continue to work on each day.

The first step towards prohibition came in 1989, when the EPA issued a regulation prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA took a further step towards a ban 2019 when it published the final rule, which strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA from banning asbestos. The trade groups argue that a ban could threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are looking to lawmakers who are connected to asbestos's industry.

Our firm has been fighting this fight for more than 15 years. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a huge step to ensure that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is a collection of minerals that occur naturally and are arranged into long, thin fibers. These materials are known for their strength, flexibility and resistance to fire and chemicals. These properties make them useful in a number of industrial items, including insulation.

Because asbestos is so versatile, it is used in a myriad of household and building items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces as well as other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These diseases may have a long latency time, and victims might not experience symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is damaged. Check the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel which could impact it, you should speak with an asbestos abatement specialist to conduct a further inspection.

If asbestos is in good condition there is no need to remove it. Talk to your doctor if are concerned about your health. They can order a variety of tests to determine whether you are suffering from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in a public establishment in which you are exposed to asbestos, your employer must give you information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to assess your home. They will test and visually inspect your home.

How to Get asbestos compensation Out

Asbestos can be safely removed provided that the proper precautions are followed. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, they must follow all federal and Asbestos Law state regulations. This includes properly covering and removing all waste from the project. Unsafe handling and disposal of asbestos can expose workers and the general public to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict regulations are in place to prevent this from happening.

Asbestos that is in good shape and won't be disturbed might not pose any health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you start the work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also make sure that it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the guidelines of the government.

Anyone who works with asbestos without a permit is breaking the law, and violators face heavy fines. If you suspect that asbestos was not properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it's important to keep the material hydrated during the removal process. This can be achieved by spraying the asbestos with a water/detergent mist before taking it off. After the asbestos has been removed, it needs to be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be covered with commercially-made products designed to make holes or seal the damage. These are sold at stores that specialize in Asbestos law products and safety equipment. Learn How to Remove Asbestos for more details on how to dispose and cover asbestos safely.