Australian Company Moves to Share Liability for Alleged Illnesses Caused by Products
Even when many years pass, liability may exist for employers from illnesses allegedly caused by products in the workplace. The good news is, workers’ comp carriers may be entitled to offsets from any recoveries made in these claims. Here’s how a lawsuit is playing out in Australia.
An Australian industrial giant has again sought to share liability for illnesses caused by its allegedly deadly asbestos products, opening legal action in Queensland against its former partner.
According to The Australian, the industrial company is suing its former partner, a building materials manufacturer in the Queensland Supreme Court, after being sued itself for $500,000 in damages by an asbestosis sufferer. The alleged victim sued the industrial company and his former employers for $500,000 in damages in January 2008.
In a statement in a claim filed to the Queensland Supreme Court at the time, the man, who worked for his employer between 1952 and 1990, alleges he handled asbestos products that were made by the industrial company for years at work.
In the suit, the man petitions that due to being exposed to and inhaling asbestos dust, he now suffers from asbestos-related illnesses, including asbestosis. He claimed his exposure to asbestos and subsequent injuries were “caused or contributed to” by the company’s negligence.
The industrial company started a defense against the man’s lawsuit, claiming it did not owe him a duty of care and that his injuries were caused by his own “independent and unreasonable actions”.
The company goes on to claim the individual caused, permitted or allowed asbestos dust and fiber to be generated in his workplace without taking adequate safeguards to prevent ingesting or inhaling the substance.
The claimant discontinued the matter last December after it was resolved with an informal, confidential settlement.
In court action last week, the industrial company filed legal action against the building materials manufacturer, aimed at equally sharing any liability and legal costs incurred by the matter.
According to the industrial company, it entered into a partnership with the building materials manufacturer on Sept. 24, 1964, to manufacture, distribute and sell in Australia asbestos-related products. This relationship continued until May 1974. The industrial company claims that if the manufacturer was sued by the reported victim, as a partner, the company would have been subject to any liability faced by the man’s employer. (workersxzcompxzkit)
The industrial company stated in its charges that the manufacturer was negligent in 11 ways, including that it used or allowed to be used asbestos products when they “knew or ought to have known” that asbestos products were potentially dangerous to the health of people who came in contact with them.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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