Asbestos Victim's Superfund Compensation Program (1999)

The White Lung Association has studied the question of victim compensation very carefully for the past twenty years. The White Lung Association (WLA) is the largest asbestos victims organization, having over 45,000 members in all states. The WLA has frequently assisted all branches of local, state and federal government in assessing and correcting exposure to asbestos. We have provided education forums which help government and industry craft protection policies in all places of production, construction, manufacturing and mining which involved asbestos.

This program will be beneficial for the present and future people who are made into asbestos victims, their families, the asbestos industry, the courts and all concerned. This solution will be less expensive to administer than any present program. The program will achieve justice and compensation for the asbestos victims for all times and for any amount of victims which result from this tragedy.

The program could and would resolve the asbestos victim's personal injury cases which now are in federal and state courts. The program would provide fair and just compensation to asbestos victims and would cause less hardship of the asbestos industry and their insurers. The asbestos industry and their insurers would not have to produce all the money for compensation at one time. The asbestos victims would receive part of their money in a lump sum and the rest in monthly payments. Their medical expenses would be paid for through Medicare and Medicaid.

The program would not only be financed by the asbestos industry and their insurance companies, but also be financed by the U.S. government, State governments and any corporation or individual who does or has made money from asbestos use.

The outline of how the program would function is as follows. Asbestos victims will be identified through a B reader of their choice. International Labor Organization classifications will be utilized. Disability will be defined as a medical conditions which prevents or limits working and/or causes problems with life or health. Companies who contribute to the Superfund can offer their own medical opinion from a B reader. In the case of off setting opinions, a B reader from the pool of the Administrative Committee will be utilized to break the tie.

A positive diagnosis results in payment by the Superfund of a lump sum of $25,000.00 or more within 90 days. One month after the lump sum is paid, the victim will receive a non-off setting payment of $2,000.00 per month for the rest of their life. Upon their death their spouse would receive the payment until his or her death. If both parents are dead, the children would receive the payments until they are 23. Medical conditions caused by asbestos and related to asbestos exposure would be paid for the life of the victims and spouse. These medical expenses would be paid for in full through Medicare and Medicaid.

This fund would be administered by an Administrative committee composed of six individuals; two nominated by the White Lung Association, two nominated by contributors to the Superfund and two nominated by the Department of Labor. Nominations are confirmed by the President. The Administrative committee (AC) will be housed in the Washington headquarters of the Department of Labor. All office, phone, copy, travel, secretarial, custodial, security and Internet expenses and services will be provided by the Dept. of Labor.

This fund (called the Superfund) would be generated by contributions from traditional asbestos defendants and a tax on any business that profits from asbestos, including removal and waste storage or cleanup. Present funds and trusts would pay directly into the fund. The payees, including the Dept of Labor for the Federal government and the office of the Governors for the State governments, would decide amongst themselves what mechanism they will use to contribute to cover costs projected by the Administrative committee. Payments for projected expenses will include payments or deductions to balance the prior year's payments with actual expenses. Payments for projected expenses will be billed six months before the benefit year (calendar) and must be paid within 45 days of beginning of the benefit year. Late payments must add increase of 1% of total owed for each day late. Any person or corporation who is assessed for contribution and does not pay will face criminal charges and forfeiture of all assets 30 days after the start of the benefit year.

Payments by the traditional asbestos industry and their insurance companies are estimated to be 25 billion dollars. Contributions by the U.S. and state governments will not exceed that. New taxes and fines can be expected to raise 1 billion dollars each year.

The Superfund will not be subject to litigation. The Administrative Committee will report to the Secretary of Labor, who in cooperation with the Surgeon General and the Secretary of Commerce will report to Congress.

Any asbestos victims who wishes to reject the Superfund and pursue their day in court or traditional compensation programs is fee to do so. Workers compensation, insurance payments for accidents, social security, disability payments and Veteran's benefits are not off setting to Superfund payments. If a victim files a third party case against any contributor to the fund they lose their right to all present and future Superfund payments. If a victim accepts the lump sum from the Superfund they forfeit all legal rights to sue any contributor to the superfund.

For further information contact WLA, PO Box 1483, Baltimore, MD. 21203-1483 or https://www.whitelung.org/