Legislation limiting asbestos and silica lawsuits has passed the Ohio legislature and has been sent to Gov. Bob Taft for his signature.

House Bills 292 and 342 would make Ohio the first state to adopt medical criteria for filing asbestos and silica lawsuits, according to the Property Casualty Insurers Association of America. "Both bills aim to help the most severely sick workers by removing barriers that could potentially prohibit them from receiving fair legal and financial remedies," said Greg LaCost, senior counsel and regional manager of PCI. "It allows ill people who are genuinely injured by asbestos and silica exposures to get fair and timely compensation."

Silicosis is the oldest known occupational disease, PCI noted. The respiratory disorder is caused by inhaling silica particles from quartz found in rocks and sand. Silica is a component used in the glass-making and sand-blasting industries.

The asbestos and silica medical criteria measures place limits on lawsuits, requiring plaintiffs to provide medical evidence to prove that exposure to asbestos or silica was a substantial factor in causing their illnesses.

Unimpaired claimants are clogging the system and could prohibit claimants with severe asbestos-related illnesses from being heard, according to PCI. "Ohio workers with proven medical problems from asbestos or silica exposures will be the first to file court claims, if these measures are signed into law, while those exposed to asbestos or silica, but not yet showing symptoms, will have to wait," said LaCost.

Silica-related claims and lawsuits have been increasing steadily, but probably will never reach the level of asbestos litigation and its impact on business and insurers, according to PCI.

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Asbestos, Silica Liability Bills Await Governor's Signature

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