Asbestos Worker’s Family Members Eligible to File Claims

posted on:
August 29, 2007

author:
Staff

According to Bergman and Frockt, a landmark decision of the Washington State Courts of Appeals brings a sigh of relief to the families of asbestos workers of Washington. The appeals court gave this decision, overturning the decision of lower courts. Now an individual can file a claim on behalf of the worker's family members and others. Workers bring asbestos fibers to their homes and cause deadly problems. Family members and others also get an exposure to these asbestos fibers causing cancer.

According to Bergman and Frockt, It was very difficult for any person to file a claim against the employer. It is a known fact that many persons who come in to the contact of asbestos in any way are also open to asbestos related diseases. Documentation of such cases is available since 1950. This new verdict gives a hope to family members who are suffering from asbestos related diseases. The household exposure to asbestos was not permissible under the provisions of eligibility to file a claim with authorities of employers, submits Bergman and frockt, in this case.

Numerous cases in past have been reported causing deaths of hundreds of people because of asbestos exposure. Lawrence Rochon is one of such affected persons who lost his wife." She did not deserve to die in such a horrible way. There is not a single day that goes by that I do not wish I could go back and change things", says Rochon. He worked with Scott paper mill in Everett. His wife Adeline used to wash his cloths after his coming home from the work. This simple washing exposed her to mesothelioma that took her life, according to the case file.

This remarkable judgment of the court has its foundation in the case of death of Adeline. The Washington Courts of Appeals rejected the plea of the employer 'Kimberly Clark' and fixed the responsibility saying, it was the duty of the employer to prevent injury from an unreasonable risk of harm it had itself created, said Bergman and Frockt.

Bergman and Frockt argued before the court that Industries including shipbuilding, aluminum and wood products, were using asbestos frequently. Millions of workers employed in these industries in Washington State. This was a period from 1940 to 1970. Asbestos was also a common ingredient of various products used in joint compounds, ceiling, wall texture, and home remodeling. It is the basic reason that Washington State has the second highest rate of asbestos related cancer cases in America.

An exposure to asbestos causes many deadly diseases like asbestosis, lung -cancer and mesothelioma. Mesothelioma is a lung cancer and it affects chest lining. It may take 15 to 40 years to show up the symptoms of this disease. Affected person hardly survives more than two months after the detection of mesothelioma.

Bergman and Frockt is a law firm with its headquarters at Seattle. It works for individuals and families affected with harmful environments. It is fighting for the cause of relief to asbestos and benzene affected families.

Bergman and Frockt "Bergman & Frockt: Families of Workers Who Bring Asbestos Home on Work Clothes May Now File Their Own Claims against the Worker's Employer"

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