The European Commission is looking for a few good men to breathe life into a new series of asbestos removal guidelines.

Among other things, a revised Asbestos at Work Directive significantly lowered the binding occupational exposure limit for asbestos exposure. The European Commission’s Directorate-General for Employment, Social Affairs & Inclusion (DG EMPL), in conjunction with several other agencies, hopes that a series of workshops in October and November 2024 results in a practical reduction of industrial and ambient asbestos levels.

Workshop topics, which focused on sources of asbestos exposure and effective remediation methods, followed up on a 2009 EC asbestos-reduction directive.

The asbestos removal process, which is discussed below, prevents future poisoning cases. But no one can go back in time and reverse prior asbestos exposure. At best, an asbestos exposure lawyer can obtain the compensation these victims need to deal with their illnesses and live their best lives possible.

Asbestos exposure is the number one occupational risk for lung cancer.

Mesothelioma is probably the worst industrial asbestos exposure illness. Toxic asbestos particles alter the body’s DNA, causing a tumor to form in the mesothelium (membrane layer that surrounds the lungs). The nature of mesothelioma makes it very difficult to diagnose and treat. These difficulties might make mesothelioma the most devastating type of a devastating disease.

Occupational asbestos exposure was common throughout the 20th century, and leftover asbestos means exposure is still occurring.

Cancer diagnosis is a process which begins with risk assessment, usually a risky lifestyle or a genetic predisposition. Most occupational cancer victims have no such markers. As a result, the tumor grows undetected. Generally, doctors don’t find mesothelioma tumors until the cancer has spread to the lung itself and the victim begins showing physical symptoms, such as trouble breathing and a dry, hacking cough.

When these symptoms appear, the cancer has already reached Stage II, which means traditional treatments are often ineffective.

Quimioterapia: These drugs kill fast-dividing cells. If a cancer tumor is small and local, the drugs often wipe out these fast-dividing cells. But if cancer is large and general, doctors must use stronger chemotherapy drugs. Many cancer patients cannot tolerate these powerful drugs.
Radiación; If radiation treatments destroy the membranes in the mesothelium, that’s no big loss. The victim simply has a higher risk of a future lung injury, and given the tradeoff, that’s a risk most people are willing to take. But if radiation treatments destroy part of the lung, the collateral damage may be too extreme.
Cirugía: Usually, the idea is that chemotherapy and radiation treatments shrink a tumor, making it easier to surgically remove. But if chemotherapy and radiation treatments don’t shrink the tumor, it’s too large to remove. Many doctors, even top-of-the-line oncologists, won’t even attempt surgery under these conditions.

Emerging treatments, such as Clustered, Regularly Interspaced, Short Palindromic Repeats (CRISPR) gene editing therapy, bring hope to mesothelioma victims. Gene editing undoes the genetic mutation that created the cancer cell, which is like pulling cancer out by the roots.

CRISPR therapy could significantly improve the outlook for mesothelioma patients, but right now, the drugs are cost prohibitive in most cases. An asbestos exposure lawyer forces the responsible polluter to pay medical bills, opening the door to more possibilities.

Compensation for Mesothelioma Victims

To obtain the financial resources they need, asbestos exposure victims usually have multiple legal options.

Civil Actions

Usually, a civil action against the responsible polluter is the go-to option for an asbestos exposure lawyer. Maximum compensation is available in these matters, mostly because substantial punitive damages are available. However, these claims are quite complex.

Generally, victims must prove negligence, or a lack of care, to obtain compensation. Manufacturers have a duty to warn customers about known adverse product side effects. Asbestos companies knew about mesothelioma and other asbestos poisoning diseases, such as asbestosis, for decades. Yet they did nothing to warn the people that came into contact with this dangerous substance.

Proving negligence usually means establishing the standard of care, which usually means partnering with an industry expert, fighting tenacious asbestos company lawyers, and, well, you get the idea.

A civil action against a property owner is often an effective fallback measure. Almost as much compensation is available, and the cases are slightly less complex, especially since the Supreme Court recently gutted the primary property owner defense in these cases.

In most states, property owners point the finger at asbestos providers, who eventually pay most of the damages.

No-Fault Actions

Workers’ compensation, Social Security Disability Insurance, and VA Disability are the three primary no-fault claims. WC applicants must establish a work-related connection, and VAD applicants must establish a service-related connection, between asbestos exposure and serious illness. SSDI applicants must simply prove they have a disabling illness.

These cases are easier to prove, but limited compensation is available. In most cases, applicants receive lost wage replacement and money for medical bills.

Fideicomisos de asbesto are the fastest y easiest way to obtain asbestos disease compensation.

Bankruptcy victim compensation fund claims are hybrid civil/no-fault claims. An asbestos exposure lawyer files a civil claim against a bankrupt provider, and no opposing lawyer challenges the victim’s evidence. This procedure often makes bankruptcy VCF claims the fastest and easiest way to obtain compensation.

Reducción de Asbesto

As mentioned, no one can alter prior asbestos exposure. But that shouldn’t prevent us from addressing the problem now, which the opportunity presents itself. Proper asbestos removal now probably means that, by late century, no one will have to worry about mesothelioma and court cases.

The asbestos abatement process must apply to industrial and ambient (environmental) use. Asbestos in public buildings is probably the most pressing industrial issue, because so many people go into these poisoned structures. Industrial asbestos removal is a three-step process:

Air Test: Asbestos is not harmful as long as it remains sealed inside a wall. But the dust and fibers easily seep through hairline cracks in walls and ceilings. There’s no safe asbestos exposure level. So, if an air test is positive, and it probably will be, the property owner must proceed to step two.
Eliminación: To remove asbestos, a contractor normally seals off the building, or at least a portion of the building. Usually, workers pull the asbestos out of the insulation, or wherever it is, and then use vacuum pumps to clean the air. Next, a non-asbestos alternative, such as vermiculite, replaces the asbestos.
Destruction: Usually, toxic waste destruction is relatively straightforward. The stuff goes from the extraction site to an incinerator. But fireproof asbestos doesn’t incinerate easily. Therefore, asbestos destruction usually means breaking down the asbestos into its separate chemical components, like silicon and water, and then disposing of those basic elements.

Asbestos in railroad ballast may be the most pressing ambient exposure issue. Railroads have employed millions of people over the years, and rail lines crisscross most parts of the country.