Asbestos Bills

Several asbestos bills have been proposed in Congress in the last few years. A well-known asbestos bill, the Fairness in Asbestos Injury Resolution Act of 2005, or S.852, was proposed to create a trust fund from which victims of asbestos exposure could receive compensation. The creation of a trust fund may prevent asbestos victims from being able to hold their current or former employers accountable for their asbestos exposure. While lawmakers have been able to reach agreements on medical criteria for proposed asbestos bills, issues of inadequate funding have kept these bills from gaining enough support.

Critics of an asbestos bill, including the AFL-CIO and U.S. Senator Harry Reid, feel that the passing of a bill in the future may deprive asbestos victims of certain legal rights. The AFL-CIO wants the government to recognize anyone who has been exposed to asbestos as a victim who deserves compensation, but proposed asbestos bills may only help those with specific medical criteria and leave out other victims of asbestos exposure. Critics note that an asbestos bill establishing a trust fund may not cover thousands of asbestos lung cancer victims. These are people who were exposed to significant amounts of asbestos, but they do not have the underlying "markers" of nonmalignant asbestos disease.

Critics also worry that an asbestos bill may not ensure that deserving victims will be treated fairly and receive compensation in a timely manner. If an asbestos bill passes in the future and establishes a trust fund, all victims with claims in the court system would have to withdraw their claims and apply for compensation from the trust fund. If the trust fund does not have enough funding, as critics suspect, victims would have to then start their court cases all over again.

So far, S.852 and all other proposed asbestos bills have either not passed or have been put on hold for the time being. An asbestos bill that could limit your rights and the rights of your family members to receive compensation may still be passed sometime in the future. If you want to express your concern over a possible asbestos bill, you can write to your senators.