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Fairness in Asbestos Injury Resolution Act of 2005

Since the connection between asbestos exposure and lung diseases including mesothelioma was first proven, numerous class-action lawsuits have been filed against employers that knowingly exposed their workers to the dangers of asbestos. Some of these cases resulted in decisions that were later shown to be unfair to injured workers. In addition, some of these suits have driven companies into bankruptcy. The Fairness in Asbestos Injury Resolution Act of 2005 is an attempt to resolve these issues.

If passed, the FAIR Act would establish a trust fund for people who have suffered from asbestos-related illnesses and their families. Companies would be required to pay into the fund, and people affected by the illness would be paid from it. The bill also prevents further lawsuits against companies that have paid into the fund, something which has sparked debate among proponents and opponents alike.

For that reason, among others, this act is not without controversy. Opponents suggest that it would deny adequate compensation to many people who would do better in the courts, unfairly denying money to people who need it. On the opposite side of the issue, some small businesses contest that the payments required by the act would drive them into bankruptcy.

One source of controversy is that the bill establishes criteria for diagnosis which some health professionals do not think are appropriate or scientifically accurate. Some people also object to the ban on further lawsuits, suggesting favoritism towards business owners. The controversy continues, however, because the bill has not yet gone to a vote.

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If you or someone you love has developed an asbestos-related illness, the resources on this website are designed to help you find legal and medical help. For more information, contact the Asbestos and Mesothelioma Help Center today.

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