Asbestos Exposure Negligence, asbestosdefinition.com | In most countries, employers are not held responsible for asbestos exposure injuries. It has to be the victims’ fault for filing a complaint against the employer. It’s the victim’s decision whether or not to file a claim against the employer.
Asbestos Exposure Negligence – When Will an Employer Be Liable For An Employee’s Injury?
If an employee suffers from asbestos exposure, he/she has the right to take up a case against the employer at the workplace injury compensation court. The employer has to prove that the exposure was caused by negligence or misconduct.
Employees, who have been exposed to asbestos, have no other recourse except to take legal action against the person responsible for their injuries. If the employer is found liable for any of the above mentioned causes, it will be held personally liable and will be legally liable for all the damages. Most common examples are mentioned below:
All of these cases are brought by employees who were exposed to asbestos at the workplace. But the employees may not know the exact location of the place where they were exposed to asbestos. It can be because of dust, fog, mist, or even smoke. It also depends on how much contact the employees had with the asbestos.
The factors that determine liability for an employee in case of asbestos exposure are determined by law. Sometimes, the factors are beyond the control of the person concerned. They cannot foresee whether or not the person will be exposed to asbestos, unless the exposure takes place in a specific environment or on a specific type of material.
If an employee is exposed to asbestos and dies as a result, the employer will be liable for all damages. The company will be sued for causing the death of the employee. If the employee who died has a dependable family who could collect their inheritance from the deceased, the employer is also liable.
Once, the workers who suffered from the exposure file a case at the workplace injury compensation court, the court will decide who is liable for the compensation. It also determines who is liable for all the damages.
It can be determined that the employer is liable if it knew or should have known that asbestos exposure would cause any harm. It also depends on the type of asbestos that was used, and whether the company had measures in place to prevent asbestos exposure.
If the employer hires a person or an employment agency to take care of the asbestos, then that is not enough to qualify it as a safe employer. It is still required to have a plan of handling asbestos in the workplace, a written policy for its storage, a list of the people involved in the process of handling, as well as a health and safety plan. It has to enforce these plans at all times.
The employer should have also imposed a system to ensure the safety of the employees who are exposed to asbestos. In many cases, the employers fail to do this and cause many more cases of asbestos exposure injury than necessary.
Once the employer is liable for asbestos exposure, it should put in place effective means to minimize exposure to the chemical. This should include random testing of all the employees to identify any instances of asbestos exposure, preventive measure to reduce the risk of exposure, as well as a monitoring system to ensure that these preventive measures are implemented. It should also have a proper management system in place to ensure that the testing is done, and that the employees who are exposed to asbestos are properly protected.
These are the main issues that the workers involved in an asbestos exposure case have to figure out in order to make the employer accountable for its negligent act. It is possible to claim compensation from the employer if the person who was exposed to asbestos has died. The compensation process can be lengthy and costly, so it is better to seek legal assistance from a qualified and experienced asbestos injury lawyer.