8 judgments found.

Brincat and Ors. v. Malta

Country: Malta
Year: 2014
Court: European Court of Human Rights
Citation: Application Nos. 60908/11, 62110/11, 62129/11, 62312/11 and 62338/11
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to family life, Right to favorable working conditions, Right to life
Facts:

From 1968 to early 2003 the applicants were employees at the state-owned Malta Drydocks Corporation (MDC), where they alleged they were exposed to asbestos. The applicants also alleged that the asbestos particles settled in their clothing and were carried home, affecting their private life. Asbestos had been known to be dangerous since the 1950s, however, …Read more

Tags: Asbestos, Cancer, Industrial hygiene, Noncommunicable diseases, Occupational health and safety, Pulmonary diseases, Respiratory diseases
Download Judgment: English

Rothwell v. Chemical and Insulating Co. Ltd. and Anr. and other appeals

Country: United Kingdom
Year: 2007
Court: House of Lords
Citation: [2007] UKHL 39
Health Topics: Chronic and noncommunicable diseases, Mental health, Occupational health
Human Rights: Right to favorable working conditions
Facts:

A group of employees brought an action in negligence for damages against their employer, Chemical & Insulating Co, for exposure to asbestos in the course of their employment. The employees had been negligently exposed to asbestos and had as a consequence developed pleural plaques. This was the thickening of a layer of fibers on the …Read more

Tags: Asbestos, Job safety, Lung disease, Mental disability, Mental disorder, Mental illness, Occupational accident, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Barker v. Corus (UK) Ltd

Country: United Kingdom
Year: 2006
Court: House of Lords
Citation: [2006] UKHL 20, [2006] 2 WLR 1027,[2006] 2 AC 572; [2006] All ER (D) 23 (May); [2006] NLJR 796
Health Topics: Chronic and noncommunicable diseases, Occupational health
Human Rights: Right to favorable working conditions
Facts:

This case was brought as a test case to examine the scope of an exception in tort law causation rules. In Fairchild v. Glenhaven Funeral Services Ltd [2002] UKHL 22 (Fairchild), the House of Lords created an exception in to the normal law of causation in torts for workers who had been exposed to asbestos dust …Read more

Tags: Asbestos, Compensation, Employment, Job safety, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Respiratory diseases, Safe working conditions, Tort, Workers' compensation
Download Judgment: English

Mihailov v. Bulgaria

Country: Bulgaria
Year: 2005
Court: European Court of Human Rights
Citation: Application No. 52367/99
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Occupational health
Human Rights: Right to due process/fair trial
Facts:

The applicant was diagnosed with asbestosis and various other pulmonary diseases by the Labour-Expert Medical Commission (LEMC) in November of 1989. The Commission determined that the applicant qualified for second-degree disability. After a deterioration of the applicant’s health, in December of 1997, the LEMC categorized the applicant’s disability as first degree without the need for …Read more

Tags: Asbestos, Disabled, Examination
Download Judgment: English

Janssen v. Germany

Country: Germany
Year: 1999
Court: European Court of Human Rights
Citation: App. No. 23959/94, 2001 Eur. Ct. H.R. 879 (2001).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Occupational health
Human Rights: Right to due process/fair trial
Facts:

German applicants filed a claim alleging violation of Article 6 § 1 (right to fair trial) of the Convention by the German courts when the case their mother commenced regarding her asbestos dust-related lung disease was not heard within a reasonable amount of time. The husband of the original plaintiff, Mrs. Gretel Janssen, worked as …Read more

Tags: Asbestos, Health insurance, Industrial hygiene, Lung disease, Occupational disease, Occupational hazards, Occupational health and safety, Pulmonary diseases, Reimbursement, Respiratory diseases, Safe working conditions, Workers' compensation
Download Judgment: English

Consumer Education and Research Centre, et al. v. Union of India and Others

Country: India
Year: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
Facts:

The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more

Tags: Asbestos, Health insurance, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Johns-Manville Products Corporation v. Superior Court

Country: United States
Year: 1980
Court: Supreme Court of California
Citation: 27 Cal.3d 465
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Occupational health
Facts:

Rudkin, a long-time employee of the defendant corporation, developed pneumoconiosis, lung cancer, or other asbestos-related illnesses from his work with asbestos. The defendant knew about the harms of exposure to asbestos, yet it hid that information from Rudkin and continued to encourage him to work in an unsafe environment. After Rudkin had developed an industrial …Read more

Tags: Access to treatment, Asbestos, Awareness, Employment, Lung disease, Notification, Occupational disease, Workers' compensation
Download Judgment: English

Sunshine Porcelain Potteries Proprietary Ltd. v. Nash

Country: Australia
Year: 1961
Court: Privy Council
Citation: [1961] AC 927; [1961] 3 All ER 203; [1961] 3 WLR 747; 105 SJ 606
Health Topics: Chronic and noncommunicable diseases, Disabilities, Occupational health
Facts:

Ms. Nash brought an action for compensation under the Victorian Worker’s Compensation Act 1928 (the 1928 Act) against her former employers, Sunshine Porcelain. She claimed compensation was payable after she contracted silicosis in the workplace. Sunshine Porcelain Potteries employed Ms. Nash in the years 1931-38. During her time as an employee of Sunshine Porcelain, Ms. …Read more

Tags: Asbestos, Damages, Disabled, Employment, Job safety, Lung disease, Noncommunicable diseases, Occupational disease, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English
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