April 29-May 5, 2004

slant

Insult to Injury

Veterans deserve help for asbestos exposure.

by Ralph F. Diluigi

In what amounts to a grievous injustice, thousands of veterans and workers have suffered from asbestos exposure and have been unable to get compensation for their suffering.

Many veterans who served between World War II and Vietnam were exposed to this substance during their tours of duty; asbestos was commonly used in shipbuilding and military construction during that time. Diseases caused by asbestos, such as asbestosis and mesothelioma, are often deadly.

Adding insult to injury, veterans and other workers often can't get adequate compensation for their medical expenses and suffering. Victims only get about half of the awards they receive in the courts. The rest goes to lawyers and administration.

Meanwhile, court delays are so long that many victims die before they ever receive anything. With 60,000 to 100,000 new annual claims, victims can wait years before entering the courtroom. Making matters worse, the truly sick must wait alongside unimpaired claimants -- many of whom never get sick.

But there may be hope on the horizon for veterans and others with asbestos-related illnesses.

Earlier this month, legislation was introduced directly onto the U.S. Senate floor that would create a national victims relief fund to provide fast, dependable and fair compensation for veterans and other workers suffering from devastating and even lethal effects of asbestos exposure. The Fairness in Asbestos Injury Resolution Act, or FAIR Act, would create a fund worth more than $100 billion, to be financed by companies and insurers. No taxpayer dollars would go toward the fund.

The Veterans of Foreign Wars (VFW) and more than a dozen other national veterans groups know how important this bill is for veterans. By signing on to show their support, these groups are helping sick veterans move forward. They are standing behind veterans' rights to fair and just compensation. They understand that the FAIR Act is the key to eliminating the uncertainty and delays in the current tort system. With the trust fund in place, these veterans won't be plagued by worries over their compensation.

Veterans need a solution that will provide them with a fair, timely and certain avenue to seek compensation.

Under the FAIR Act, victims would not have to hire a lawyer to handle their case. No more would victims have to wait for their cases to be heard, and no longer would they need to prove who was responsible for their exposure. Victims with deadly mesothelioma would go to the front of the line and be eligible for the largest awards. Compensation would be awarded in a year or less. And unlike the current system, the FAIR Act would allow victims who get sicker to seek additional compensation.

The FAIR Act would relieve the burden on the Veterans Health Administration by giving veterans the option of reimbursement for medical monitoring costs, allowing them to seek medical attention for asbestos-related illnesses at the hospital of their choice. In addition, their benefits would be protected.

Today, veterans with asbestos-related illnesses must prove exposure was "service-related" to qualify for benefits. The FAIR Act would establish a no-fault system, so that sick veterans must only prove that they were exposed in the workplace -- but not that the exposure was service-related -- to be compensated. The FAIR Act would make it easier for veterans to receive compensation because Americans who fought for our country should not be penalized by the tort system. The FAIR Act takes care of America's veterans.

Most important, creation of the fund would make sure there will be money available well into the future to take care of the victims who don't know they are sick yet.

As a veteran and a Pennsylvanian, I am grateful and proud to see Sen. Arlen Specter taking a leadership role on this important issue. For months now, he has been meeting personally with all of the players with an interest in this issue, pushing them to come to an agreement on the final details of this plan.

On April 27, senators voted 50-47 not to act on the bill, which means it is still hanging on, still in front of the Senate. I urge our senators to push hard to make this bill a reality.

Ralph F. Diluigi is past district commander of the Pennsylvania Department of the Veterans of Foreign Wars. If you would like to respond to this Slant or have one of your own (800 words), contact Howard Altman, City Paper editor in chief, 123 Chestnut St., third floor, Phila., PA 19106 or e-mail altman@citypaper.net.