Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs throughout California and focuses on injury cases involving Mesothelioma. Visit http://www.nickjohnsonlaw.com or call 1-888-311-5522 immediately to request a free case evaluation.
In today's era of information, most people are well aware of the dangers that asbestos pose. Factories, refineries, automotive companies, and construction sites are the leaders of Mesothelioma risks and asbestos exposure.
There are numerous asbestos-related risks and Mesothelioma risk factors lingering around California that have little to do with factories and labor companies. Asbestos has been brought back to the forefront of health concerns despite tougher asbestos laws. As if asbestos laden debris isn't enough of an insult, asbestos is being released through the vast amounts of construction occurring in the many areas of California, including Richmond and Oakland.
Despite the asbestos reform laws in the early eighties due to the risk of Mesothelioma, this fire resistant material is still used in modern day construction as a cost effective, safety conscious building material. Though asbestos is used in lower concentrations because of its very obvious links to mesothelioma, it is still far from being outlawed as it should be.
Residents in Richmond, California and the surrounding Bay Area are at a very high risk for current asbestos exposure and later cases of Mesothelioma. With percentages of older homes, businesses, and buildings carrying high levels of asbestos, a mesothelioma case is simply waiting to happen. Add that exposure to the high exposure rate that the new construction has brought, and somebody really needs to take a long hard look at what the potential fallout may very well end up meaning.
The government itself certainly has knowledge of the Mesothelioma risk and the asbestos exposure. Legislation is hanging in the balance to determine that those who were exposed to asbestos and are likely to contract Mesothelioma later in life are not going to be permitted to file Mesothelioma lawsuits. The government is trying to state that while they are well aware of the risk of future Mesothelioma cases, they are trying to deny the people their right to medical and legal claims associated with Mesothelioma.
The government claims that they are willing to set aside funds that will allow Mesothelioma claimants to file for medical coverage if they meet stringent guidelines concerning asbestos exposure and Mesothelioma contraction. This is a phenomenal slap in the face to those who were unknowingly exposed to asbestos and the threat of Mesothelioma. The government can't even ensure that social security funds will be available in twenty to thirty years, not to mention that hands down, private health care is far and above government health care.
This new law would of course not be surprising. Ample laws have been passed protecting the government and businesses from worker claims. Mesothelioma laws have already hit governmental facilities as well in Pennsylvania, Ohio, and a few Midwestern states. These laws prohibit workers from suing their companies, provided their companies pay for their medical expenses which are deemed "necessary." These laws will leave Mesothelioma and other health care choices in the hands of the insurance companies and do not provide for various other financial liabilities which are bound to occur when Mesothelioma creates symptoms bad enough that the injured party can no longer hold gainful employment.
Louisiana legislation was enacted after lawmakers were petitioned by companies who were sued by healthy claimants after selling asbestos laden fill dirt to homeowners who were rebuilding after Hurricane Katrina. The contractor who sold this fill dirt was successfully sued for the risk that the exposure to the asbestos presented to the homeowners and their families. In a time when Mesothelioma is well enough understood to be rightfully feared, the contractors had the responsibility to their own welfare and the welfare of others to be sure their product was clean of asbestos.
These types of lawsuits serve a greater purpose than providing future financial relief for families who were exposed to asbestos and placed at risk for future cases of mesothelioma. Mesothelioma settlements such as these send a very clear message that the public is tired of being placed at risk for dangers that can be prevented. The governmental stance on this lawsuit allows for companies to increase their levels of irresponsible exposure while undermining the value of the worker. Mesothelioma is a virtual death sentence, and by allowing companies to abandon Mesothelioma victims, it creates a further risk for everyone.
Substantial mesothelioma settlements and awards are necessary to keep companies accountable and within the bounds of human expectation.
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