Nay Salvator Y
Int J Occup Environ Health. 2003 Jul-Sep;9(3):287-93. doi: 10.1179/oeh.2003.9.3.287.
It took 50 years for Belgium to recognize asbestosis; mesothelioma and lung cancer were recognized as occupational diseases caused by asbestos in 1982 and 1999, much later than in neighboring countries. Only salaried workers can claim compensation from the Occupational Diseases Fund. The right to reparation is thus denied to most victims because many have been self-employed: mechanics, electricians, painters, roofers, carpenters, plumbers, etc. Compensation was also denied to people who became ill through exposures to the workclothes of family members or pollution from asbestos factories near their homes. The main obstacles facing asbestos victims are legal and judicial. For instance, an employer is not liable, even for gross negligence. Victims are not allowed to claim if 20 years have passed since their exposures to asbestos. Changes in Belgian legislation are sorely needed.
比利时花了50年才承认石棉沉滞症;间皮瘤和肺癌在1982年和1999年才被认定为由石棉导致的职业病,这比邻国晚了很多。只有受薪工人才能从职业病基金中获得赔偿。因此,大多数受害者被剥夺了获得赔偿的权利,因为许多人是个体经营者,如机械师、电工、油漆工、屋顶工、木匠、水管工等。那些因接触家庭成员的工作服或家附近石棉工厂的污染而患病的人也无法获得赔偿。石棉受害者面临的主要障碍是法律和司法方面的。例如,即使雇主存在重大过失,也无需承担责任。如果自接触石棉以来已过去20年,受害者就不允许提出索赔。比利时的立法急需变革。