Republican Senate leadership began their efforts last week to prevent Missouri mesothelioma and asbestos disease victims from obtaining full and fair compensation from employers who exposed workers to deadly asbestos fibers on the job.
Senate Bill 572, entitled “Modifies the law relating to workers’ compensation,” was introduced last week at the beginning of this year’s legislative session in Jefferson City. The proposed bill seeks to undo certain Republican-sponsored changes to Missouri’s Workers’ Compensation Law that came into effect in 2005. These changes were but one aspect of broader “tort reform” initiatives passed in Missouri in 2005. The changes made it possible, perhaps unintentionally, for Missouri victims of mesothelioma, asbestos-caused lung cancer and asbestosis to pursue compensation claims against negligent employers for these deadly asbestos injuries in civil court, where full and fair compensation can be sought from juries. Previously, many mesothelioma and asbestos disease victims were forced to seek compensation through the workers’ compensation system, where compensation values are severely reduced or effectively eliminated.
The new Senate bill seeks to revert back to the pre-2005 law, forcing many mesothelioma claims back into the workers compensation system. If passed, this bill will drastically reduce or eliminate compensation claims paid to victims of mesothelioma and other asbestos diseases.
The O’Brien Law Firm was at the forefront of establishing and clarifying the right of Missouri asbestos victims to seek compensation from their employers in the civil court system in 2010, when two of our mesothelioma clients from the St. Louis area successfully sued their former employer, the CertainTeed Corporation, in St. Louis civil court for wrongfully causing their mesothelioma.
Certain asbestos industry interests, including the CertainTeed Corporation, attempted to prompt the Missouri legislature to make similar changes to the law during the 2011 legislative session. These attempts were unsuccessful, in part due to the efforts in Missouri of our mesothelioma attorneys. Our Missouri asbestos lawyers went to Jefferson City last year to fight on behalf of mesothelioma victims and will do so again this year. This fight may be an uphill battle, but The O’Brien Law Firm will be there every step of the way to lobby and fight for the best interests of our clients.
Please contact us with any questions regarding this legislation or if you or a loved is suffering from mesothelioma, asbestos-related lung cancer or asbestosis.
The O'Brien Law Firm, P.C.
815 Geyer Avenue
St. Louis, Missouri 63104
Toll Free: 866-588-0558
Telephone: 314-588-0558
Fax: 314-588-0634
2011 The O'Brien Law Firm. All rights reserved. The choice of a Lawyer is an important decision and should not be based solely on advertisements.