Mesothelioma Compensation Rule

As part of the SDWA’s provisions, the EPA was required to set standards for levels of inorganic materials in drinking water, including asbestos. Amended in 1986 and 1996, the SDWA is still the major piece of legislation that oversees drinking water quality at the federal, state, and municipal levels.

The workers in Tooey alleged that they were exposed to asbestos products and asbestos dust throughout their careers and ultimately developed mesothelioma. After their deaths, the estates of these former employees filed suit against multiple defendants, including their respective former employers. The trial court denied summary judgment motions from the former employers seeking to dismiss the claims against them in light of the Workers’ Comp. Bar. The Superior Court reversed, finding that the Act barred the plaintiffs’ claims at common law against their former employers, even if their mesothelioma developed more than 300 weeks after their last dates of employment.


The Act has long been found to exempt Pennsylvania employers for suits at common law for work-related injuries. The Act provides employees with expeditious payment of compensation for work-related injuries, and, in exchange, employers are provided with a measure of stability as they are immune from most common-law liability and pay benefits at a set rate into the Pennsylvania Workers’ Compensation Fund.

While asbestos is not completely banned in the United States, there are nonetheless a number of asbestos regulations and laws, at both the federal and state levels, that determine how companies, agencies, and even individuals can manufacture, use, and dispose of asbestos. Given the dangerous nature of this natural substance, such laws and regulations are designed to protect everyone from the potentially deadly effects of asbestos exposure. In addition to enacted laws, new asbestos legislation is frequently proposed in Congress and state legislatures.

Learn more about health risks related to asbestos exposure from the VA Office of Public Health. If you are concerned about health problems associated with exposure to asbestos during your military service, talk to your health care provider or local VA Environmental Health Coordinator. If you are a Veteran, but are not enrolled in the VA health care system, you can find out if you qualify for VA health care.

The passed legislation discussed above provides the primary federal rules governing the use, disposal, and abatement of asbestos. However, in many cases, federal agencies are tasked with developing and overseeing additional regulations and standards to implement the laws as they are passed. Directly authorized by particular pieces of legislation, these rules and regulations generally have the full weight of the law, though they are frequently challenged by asbestos companies.

The main asbestos products that the CPSC has banned are patching compounds, textured paint, and artificial fireplace ash, all of which can result in free-form asbestos becoming airborne. The CPSC has oversight for things like toys and other products, and is the primary agency for issuing recalls on such products, such as in 2015 when asbestos was found in crayons and toy forensic kits.

Similar to OSHA, the MSHA implements regulations and sets standards to help keep miners and those who work at mining sites safe from the dangers of asbestos, as well as other dangerous substances. As with other companies that use or manufacture asbestos products, mining organizations are required to monitor asbestos levels, limit miners’ exposure to asbestos, and provide respirators to employees who work in asbestos-infested areas.

The Diffuse Mesothelioma Payment Scheme compensates individuals with a one-off lump sum payment, subject to the age of the individual. The older a person is at diagnosis, the smaller the lump sum.

The full impact of Tooey will be revealed as new claims and occupational disease cases are pursued against current and former Pennsylvania employers. Employers need to be aware of this significant shift in the liability landscape, as it may impact their interactions with OSHA issues, responses to inquiries by former employees, and litigation strategies if named in lawsuits. In addition to tort litigation counsel, human resources personnel, employment counsel, and others involved with administering workers’ compens