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Japanese Government ordered to pay compensation to asbestos victims
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Last month we blogged about the alarming discovery of asbestos in a Welsh school which raised serious health concerns and led to the immediate closure of the school.
In a recent case the Court of Appeal set a precedent holding parent companies responsible for the health and safety of not only their own employees but the employees of their subsidiary companies also.
Back in April 2012 I blogged about the increase of mesothelioma in Japan.
Following on from the increasing levels of asbestos related diseases a Tokyo court has ordered the Japanese government pay millions of dollars in compensation to former construction workers and their bereaved families as a result of developing asbestos related diseases.
In total 337 claimants pursued cases through the courts seeking compensation for developing or dying as a result of the debilitating lung conditions they had developed as a result of exposure to asbestos, including mesothelioma and asbestosis.
The case was brought jointly against the state government and 42 construction companies. The Claimants argued that the government and the employers had failed to implement appropriate safety measures to protect the workers’ health from the dangers of inhaling asbestos dust despite knowing the dangers. It was not until 2003 that a total ban on the production of asbestos was finally implemented in Japan.
The court ordered the government to pay compensation to workers and their families who developed asbestos related conditions after working with asbestos indoors in or after 1981. The court was invited to also hold construction companies liable but it did not to do so.
"The government's measures against asbestos were insufficient," presiding judge Masamitsu Shiseki told the court. "At least by 1981, the government needed to order businesses to require their workers to wear dust-protective masks and set punitive measures for those in violation. The failure to take such measures is extremely irrational and unlawful," he said.
If you wish to discuss the possibility of making an asbestos related disease compensation claim, call us on 0800 0384 384 for a free consultation with one of our experienced Industrial Illness Solicitors.
0800 840 4929