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[Liability in occupational asbestosis and its harmful sequelae]
L Kurajica1, S Curin, G Tenzera-Taslak
1Klinicka bolnica, Split, Ovjetnicki ured Silvio Curin.
Arhiv Za Higijenu Rada I Toksikologiju
|December 1, 1995
Summary
Workers diagnosed with occupational asbestosis in Croatia were awarded damages, but legal analysis revealed the State, not employers, bore full responsibility. This highlights systemic failures in asbestos regulation and worker protection.
Area of Science:
- Occupational Health
- Environmental Law
- Public Health Policy
Context:
- 139 cases of occupational asbestosis registered in Croatian companies (1985-1994).
- 35 asbestosis cases led to lawsuits for damages (1992-1994).
- Previous legal judgments attributed responsibility solely to employers.
Purpose:
- To analyze the legal responsibility in occupational asbestosis cases.
- To investigate the role of third parties in asbestos-related occupational diseases.
- To determine accountability beyond the direct employer.
Summary:
- Analysis of 35 occupational asbestosis cases revealed employer liability was previously assumed.
- The study identified the State, encompassing legal, executive, and judicial powers, as the responsible third party.
- This finding challenges the exclusive responsibility of employers in asbestos-related litigation.
Impact:
- Suggests a need for reassessment of legal frameworks concerning occupational diseases.
- Highlights potential systemic failures in asbestos exposure control and worker safety regulations.
- Provides a basis for future legal claims and policy reforms in occupational health and safety.