Mesothelioma Law in Different Countries

Mesothelioma Law in Different Countries

Mesothelioma law is a branch of law that regulates the rights of patients with mesothelioma. This is a sub-area of asbestos law, because this disease is caused by asbestos, and contacting with it is usually under the responsibility of company that produces asbestos products or mines and processes pure asbestos.

The use of asbestos was prohibited in many countries of the world by numerous acts. For instance, Annex I of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal from 1992 lists this mineral as a control waste. No producer of products containing asbestos has the right to import such products into the countries where asbestos is prohibited. And any source of asbestos must be strictly controlled for preventing direct unsecured contact with it.

Each country has its own regulation regarding asbestos issues. In the USA the Environmental Protection Agency (EPA) doesn’t put a ban for using asbestos. However, other organizations significantly limit the use of asbestos. The Clean Air Act of 1970 contains a part that defines asbestos as one of the most dangerous air pollutants, and its use in many areas is banned by the Toxic Substances Control Act adopted in 1978. There were more laws regarding asbestos, but still in the USA more than a million of employees, mostly in building industry are exposed to asbestos. Of course, when employers are aware of the danger they expose their employees use all possible measures of protection to minimize the risk of asbestos affection. But it doesn’t solve the problem of those who have already been involved into health problems caused by contacting with asbestos in past decades.

In the UK Health and Safety Executive (HSE), a governmental organization, files regulations regarding the control of asbestos use, relying on numerous reports claiming the direct connection of asbestos dust to lots of deaths from mesothelioma and other types of cancer related to asbestos. There are no strictly defined doses of ‘safe’ asbestos exposure that complicates the regulations connected with using it in industry. In 2006 The Control of Asbestos Regulations was established in the UK. This body works on regulating the current use of asbestos, including limitations and controlling all asbestos-related issues. The government pays much attention for removing the old buildings and other structures that contain asbestos that discharges asbestos dust into the air by safer, asbestos-free constructions.

In many countries of the world the victims of asbestos exposure are protected by the law for compensation of health damage caused by labor activity. However, the process of getting the compensation often requires much time and money. There are noncommercial organizations that help people to get compensation. In France the most famous organization of this type is Andeva. It helped hundreds of asbestos victims to receive a payment from their employers.

In the countries where the use of asbestos is fully banned only environmental contact with this mineral is possible. In Sweden the compensation is paid by government under the primary insurance. The payment compensates expenses on treatment and damages caused by the loss of wages.

The law regarding asbestos and approach for resolving the related issues is different in every country of the world. Usually a lawsuit is required to get the settlement for asbestos-related damage, but sometimes it is possible to avoid the long process and get the settlement by the agreement with the employer.

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