FUNDING – Companies will pay 90 billion over 30 years depending on the expenditure and revenue before asbestos. Insurers will pay U.S. $ 46 billion over 27 years. The bill goes beyond four billion dollars will come from the existing bankruptcy trusts asbestos.
MANAGEMENT – The replacement of asbestos Resolution Fund is managed by the Asbestos Disease Compensation U.S. Department of Labor.
PRICE – There are nine price levels, depending on the severity of the disease. Payments ranged from $ 25,000 for breathing value at $ 1,100,000 for victims of mesothelioma, a particularly lethal cancer of the membrane lining the thoracic and abdominal cavities. cases of lung cancer begins to $ 300,000. Medical monitoring is provided for applicants to asbestos, but no symptoms.
REQUIREMENTS – Applicants must have a minimum of five years cumulative workplace exposure to asbestos, or take away exhibition of the same duration. recipients of cash must be characteristic markers of exposure to asbestos in their lungs. Claims must be filed within five years after diagnosis. There are no limits on additional allowances if the disease progresses.
Courts – asbestos claims that have not progressed to a trial should go to the box. People with urgent claims can choose to seek an amicable solution, but you can not recover more than 150 percent of the allocation of matching funds. If the fund is not operational in nine months, urgent requests can return to court. Other assets can return to court if the fund is not operational in two years.
EXCEPTIONS – An applicant who does not meet the medical criteria can still apply. A medical committee will consider the request. The final decision is taken by the administrator.
WORKERS COMPENSATION – A cash payment will not affect a claim for worker’s compensation or insurance.
Clause MONTANA – Residents of Libby, Montana, released from the obligation to prove the exposure if they lived in or within 20 km of the 12 months prior to December 31, 2004. Libby residents who meet certain medical criteria are automatically assigned to at least $ 400,000 each.
Lawyer’s fees – up to 5 percent of the fund prizes. END background – the program can not be suspended for the review and the administrator of the fund was given the opportunity to revise the program, to propose new medical criteria. Dismissal claims can go back to court. ban of asbestos – one year after enactment, the administrator of the fund to develop standards that prohibit the manufacture, processing and distribution of products containing asbestos. The MoD may release asbestos products important to national security.