20 Asbestos Lawyer Websites That Are Taking The Internet By Storm
Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have churned through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. Laws vary state-to-state, but in general property owners must ensure that their structures safe and inform workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that once were popular in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3,000 products. A qualified inspector should check your home or work place when you suspect it may contain asbestos. A professional can help you determine what needs to be done if this material is present in your property and will work with an abatement contractor should it be necessary.
It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, the victims may claim damages under a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and is based on the fact that the product was dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform you on the possibility of applying this theory in your case. Employers are also required to offer safe working conditions for their employees, and to provide adequate training in safety. This requirement can also apply to the owners of structures where asbestos is used when it is determined that the building will be utilized by employees of third parties.
Many asbestos producers avoided liability by filing for Asbestos legal bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized for its lack of transparency and the fact that it does not provide workers with future compensation.
To protect the public, Congress has considered but failed to pass legislation to establish a $140 billion asbestos trust fund to replace litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans might have believed asbestos was banned since it is no longer a commonly used building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to fight every day to address this issue.
The first step toward the ban was in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies sued and the court overturned most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In the year 2019, EPA took a major step towards the ban when it issued an order that bolstered the agency's ability to stop asbestos-containing products from coming back to the market.
Trade groups are trying to block the EPA from bans on asbestos. They claim that the asbestos ban would harm the nation's supply of chlorine and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to assist them in making their case. They are also turning on lawmakers who have connections to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is an important step to ensure that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Tell if You Are Suffering from Asbestos
Asbestos is an assortment of minerals that occur naturally and are arranged into long, thin fibers. They are known for their durability, flexibility, and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.
Asbestos is a component in many different types of building and household products. Examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the atmosphere. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These illnesses have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Most of the time, asbestos in good state will not release any fibers unless they are disturbed. Inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a home remodel that could disturb it, you should check an asbestos abatement expert for further examination.
If asbestos is in good shape there is no need to eliminate it. If you are concerned about your health, you should consult a doctor. They can recommend a range of tests to determine whether you're experiencing symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition, state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with information on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. They will test and visually inspect your home.
How to Get Asbestos Out
asbestos compensation removal is safe provided you take the proper precautions. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos materials from their house, they must comply with federal and state laws regarding how the work is carried out. This includes covering all waste generated during the project and properly disposing of it. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related illnesses, like lung cancer, and mesothelioma. This is the reason strict regulations are in place to prevent this from occurring.
If asbestos is in good shape and isn't disturbed, it may not pose a health threat. It is recommended to have any ACM that may be disturbed during renovations or demolition checked prior to when you start the work. This will enable a professional to determine if the material requires removal prior beginning any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit is in violation of the law and those who violate it are liable for heavy penalties. If you suspect improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.
To reduce the release of fibers into the air, it's important to keep the material damp during the removal process. This can be accomplished by spraying the material with a detergent or water mist prior to taking it off. Once asbestos has been removed, it should be placed in large plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.
You can also protect small areas of asbestos that are in good condition with commercial items that seal holes and repair damage. These are available at shops that specialize in asbestos products and safety equipment. Check out How to Get Asbestos Out for more information about how to dispose and cover asbestos safely.