World Wide Mesothelioma Trends

Expensive Litigation Not Needed For Mesothelioma Compensation In Finland

FINLAND pays a fairly extensive compensation for malignant diseases caused by occupational exposure to asbestos. The compensation is claimed from the state-run Accident Insurance Fund in the case of public sector employees and from private insurance companies for private sector employees

Employers in both sectors are required to pay additional compensation if a breach of the relevant legal provisions or precautions can be established. Thus, patients suffering from asbestos-related diseases in Finland don’t have to resort to expensive litigation to avail of justice.

History Of Asbestos In Finland

Finland has a long history of production and use of asbestos. Between 1918 and 1975, it was the world’s leading producer of anthophyllite asbestos. Even though the carcinogenic properties of asbestos were reasonably well established by the time, restrictive regulations started being introduced only in the 1990s. Cessation of asbestos imports started in 1993 and was completely ceased only in 2005 following European directives. Today, any material or product containing more than 1% asbestos is called “asbestos-containing material.”

Overview Of Asbestos-Related Diseases In Finland

It is estimated that 200,000 living people in Finland have inhaled asbestos dust in the course of their occupation and are therefore vulnerable to asbestos-caused diseases, which are:

Asbestosis: Caused by deposition of asbestos dust in tissues of the lungs. Asbestosis by itself is usually not malignant but can lead to mesothelioma or lung cancer.

Asbestos-caused lung cancer: There is no foolproof method of detecting lung cancer caused by asbestos exposure. Therefore, the diagnostic practice is to probe the diagnosed lung cancer patient’s asbestos exposure history and make a connection if there has been an exposure.

Mesothelioma: The most dreaded disease that can be caused by exposure to asbestos, mesothelioma affects the protective lining over the body’s internal organs – usually the lungs but, in some cases, the heart and gastro-intestinal tract too. Mesothelioma is usually detected 15-40 years after the causative exposure to asbestos; so the cancer is too advanced to be cured by the time it is diagnosed. Post-diagnosis survival rates are between one to three years in Finland. An overwhelming percentage of mesothelioma patients are men, though women are not immune either.

Epidemiology Of Mesothelioma In Finland

A number of epidemiological mesothelioma facts came to light in Finland between 1987 and 1992. This was when the Finnish Institute of Occupational Health (FIOH) put into force its ‘Asbestos Program’ with the intention of controlling asbestos-related occupational risks. The Program was a combined effort between the government, labor organizations, and healthcare and labor protection officials. It led to the promulgation of preventive actions and instructions.

It emerged retrospectively from the Program and its follow-up that the number of mesothelioma cases grew rapidly during 1975-1990. Thereafter, the age-adjusted incidence stabilized. However, the number of mesothelioma cases increased among men in the 65+ years age group, while it decreased among men less than 55 years old, and among women in all age groups.

In 2001, the average age of new patients with an asbestos-related disease was 64 years. The higher incidence in the older age group and lower incidence in the younger – when viewed in conjunction with the long latency period of the disease – points at successful regulative and restrictive regulations imposed by the government post-1992.

Since the 1990s, Finland has witnessed a decline in mesothelioma cases. Around 75 cases are now being diagnosed in Finland every year, which works out to 18 cases per million population per year (compared to 39 in the UK and 30 in the Netherlands). About 90% of all pleural (lung) mesothelioma and 50% of peritoneal (abdominal) mesothelioma cases in Finland have been found to be work-related.

Compensation For Asbestos-Related Damages

Finland provides for compensation for asbestos-related diseases contracted by individual workers. It also imposes strict penalties on companies that used asbestos in a way that caused environmental damage.

Compensation for individual health damage: Citizens afflicted with asbestos-caused diseases can obtain compensation relatively easily without having to knock on the doors of justice or spending money on litigation. Compensation is fairly extensive. Public sector employees can claim compensation from the state-run Accident Insurance Fund. In the private sector, employers are required to insure employees from effects of occupational hazards including asbestos exposure. The employer may also have to pay additional compensation if it had breached any legal provision or safety precaution to prevent the employee concerned from being exposed to asbestos dust.
Compensation for environmental damage: The Finnish ‘Act on Compensation for Environmental Damages’ has strict provisions for environmental liability. However, it has a limitation: the Act applies only to damage caused by workplace activities after June 1, 1995, whereas most asbestos-caused damage happened before that date. In cases of environmental damage by asbestos caused before the stated date, the Finnish Damages Act and principles of tort law are applicable.

Conclusion / Summary

With an estimated 18 cases per million population, Finland is relatively less ravaged by mesothelioma in comparison to, say, the United Kingdom where the corresponding figure is 39 and the Netherlands, 30. Mesothelioma cases rose rapidly in Finland during 1975-90, but this knowledge was gained retrospectively during 1987-1992. Asbestos was banned in 1993 with a few exceptions and a complete ban came in 2005. However, given the relatively lower incidence of mesothelioma, it appears that the progression towards the ban was through strict enforcement of law and protection measures.

Though monetary compensation is little solace to victims of cancer and their family, it goes to Finland’s credit that affected people don’t have to engage in expensive litigation. Compensation is provided to affected state employees from the state-run Accident Insurance Fund. Private sector employers are required to insure workers from occupational hazards, including asbestos-related diseases. In addition to insurance compensation, employers in both public and private sectors have to pay additional damages if found guilty of dereliction of responsibility towards the employee’s health.

Finnish law also imposes penalty on companies for environmental damage from asbestos. But this law applies to damage done after June 1, 1995, though most damage was done earlier.