Asbestos Victim's Superfund Program
The White Lung Association has supported the Asbestos Victims Super Fund program since its development by Paul Safchuck in 1990. This description includes information up to March 1, 2005.
The Super Fund would be started by assessment of any production or insurance company who had liability for asbestos use and exposure. It would absorb any Funds or Trusts currently set up to resolve personal injury from asbestos exposure. It would be a secured debtor in any bankruptcy action. If there is any difference between the obligations of the Fund and the assets of the fund would be provided by the US government. This guarantees the compensation will be present when needed. and is in recognition of the US governmentÕs role in the use of asbestos and the failure to stop its use by the rest of society. The Super Fund would be administered by the Department of Labor. Those individuals who accepted the Funds benefits would not be allowed to sue for personal injury due to asbestos exposure.
The Super Fund would accept medical evidence from any claimant who had written documents as to the condition of their health and written or verbal representations of where they were exposed.. Asbestos disease would be recognized as discussed by Dr. Michael Harbut, in January edition of American Journal of Respiratory and Critical Care Medicine, Jan. 2005. Asbestos related cancer, heart attacks and infections will also be compensated in the Super Fund.
The Fund will have thirty days to review the request for compensation. If granted, the Fund would make a one time payment of $25,000 to the victim or their family. At the same time, monthly benefits of $2,000 would be provided. In addition, the claimant and their family (spouse and children under age of 24) will be provided insurance to bridge the gap not covered by Medicare or Medicaid. The benefits continue for the family if the claimant dies. The benefits are not taxable nor are they off setting to other pensions or disability payments.
The Super Fund program represents what people with asbestos caused disease want and need. A stable financial stipend and medical care are the two things asbestos victims always say are most important to them.
The basis of the WLA Super Fund is this, if you are going to take away our constitutional rights, then we must be guaranteed that we will receive medical care and a small monthly stipend. This is what we want! Copy this program and sent it to any politician or government representative. Tell them you want the White Lung Super Fund program.
For further information contact WLA, PO Box 1483, Baltimore, MD. 21203-1483 or http://www.whitelung.org/