Mesothelioma claims

In this article I will discuss the possible compensation claims as a result of suffering from occupational disease consisting of malignant mesothelioma. To do this I have with me my colleague, a member of the group of labor lawyers in Murcia, which is specialized in claims for this cause and has led a number of them.
Question: Hi Matilde, good morning. Thanks for getting at my disposal for conducting this interview. First, could you tell us what is malignant mesothelioma?

Answer: Hi Sandra, good morning. It is a rare tumor that is mainly located in the pleura (pleural mesothelioma). It has very poor prognosis and there is a clear causal relationship between mesothelioma and occupational exposure to asbestos.

'Asbestos' means, generically, a group of fibrous silicates three main varieties, all carcinogenic and capable of producing a mesothelioma, such as advanced malignant mesothelioma, abdominal malignant mesothelioma, peritoneal malignant mesothelioma or lung cancer.

Question: When does a right to compensation worker?

Answer: The employer is obliged to fulfill the duty to compensate the damages caused to an employee by the accident or occupational disease suffered while performing their work, provided there is a decisive participation of entrepreneurs in the production of the accident or disease also can be crossed out of willful or reckless.

malignant mesothelioma

Question: Does that make any time limit?

Answer: In the absence of interruptions of the prescription, the time limit is 15 years. Such time limit begins to run at the moment when the claim action could be exercised. In the present case, since the disease has a latency period of 30 to 50 years, when their symptoms have manifested.

Question: Is there a right to compensation in any case?

Answer: No, in this area we are talking about a contractual liability (art D.C. 1101.), By fault or negligence attend, to be tried in the case.

The liability of the company must be examined from the observance or not of the diligence required. In addition, there must be an adequate causal link between the conduct of the company and the damage suffered by the worker. So it must prove the reality of the damage suffered and the causal link.

Not enough that the company is attributable to an infringement, it is necessary to have the aforementioned relationship of cause and effect between the breach and the damage.

Question: The first rule, frontally, is aimed to regulate all aspects of the consequences of work exposed to asbestos is the Ministerial Order of July 21, 1982. Is it possible to claim damages if they worked in contact with said previous material?

Answer: Although there was no specific rules for asbestos before that date, they did exist implementing rules for companies on the basis of plenty of dust. In addition, the consequences caused by contact with asbestos were considered and occupational diseases.

Before the date set and there were other rules designed to prevent asbestos cause damage to the health of workers or to reduce their importance, the violation of which implied the existence of a duty of compensation for the effects of use and exposure to asbestos.

For example, you can highlight orders and decrees of the years 1940, 1941, 1947, 1961 and, not least, the OM of 03.08.1971.

Question: But during the life of many of the rules that you have said there was no scientific evidence of the damage caused by asbestos. What can you tell us about that?

Answer: Regardless of that evidence, it is mandatory to comply with existing regulations at all times.

Therefore, it could not be derived liability if the company all measures under the regulations in force until then had adopted.

Question: When starting the specific legal requirements regarding asbestos?

Answer: Toward the middle of the 70s.

malignant mesothelioma. severance
Severance malignant mesothelioma

Question: What are the commensurable damage?

Answer: First, it should be noted that the amount of compensation may not exceed the value of the damage. Second, there must be a relationship of proportionality.

Third, and to answer your question, in the generic term damage they include physical, psychic and moral, in addition to the affected job prospects.

Question: How is the amount of compensation due in each case determined?

A: One possibility is to apply the scale of traffic accidents, as in cases of death. But if this is not possible, due to the characteristics of diseases caused by asbestos, to determine the amount of compensation is used to criteria such as age, dependency, permanent effects or not inability manifested, guilt, sums, type of disease, the type of respiratory problems and other existing consequences.

Question: Can you get an example?

Answer: Well, I'll put you two examples of the amounts of compensation obtained compensation claims procedures I have carried personally.

On the one hand, the case of John G. M., who, after appropriate accreditation of liability by the company, was indemnified with € 12,230.

The worker, smoker, was born in 1937 and served on the company responsible for compensation from 1964 to 1987. He was diagnosed with pleural effusion in 2009. Suffered initial asbestos is in 2010, when he declared in a state of total permanent disability.

On the other hand, the case of a worker who died as a result of intestinal cancer, Alberto JL His heirs were compensated with 58,652 €, as Alberto JL also had respiratory problems, caused by contact with asbestos, and was incapacitated total. Alberto J. L. served in the same company from 1968 to 1985.

Q: Finally, what advice would you give to end our reader / a?

Answer: From my point of view, of what has been presented here the need to consult evident with a specialized professional in the field, which can assess the chances of success of a claim for compensation from the disease. As I noted above, it is complicated issues in which the accreditation of non-compliance of the company, of the damage and the causal link between oneself and others is needed.