Editor's note: Mr. Clack was invited to speak to the Michigan Building Trades Council Legislative Conference last month about workers' asbestosis legal rights. We asked him to write a column so he could inform a wider audience.

Most building tradesmen who worked in the 1940s, 50s, 60s and 70s were exposed to toxic and cancer-causing asbestos dust from numerous building products which contained asbestos fibers. Pipecovering, cement, refractory brick, refractory mortar, spray-on fireproofing, joint compound, spray-on plasters, gaskets, packing, cloth and protective clothing are only a few examples of the asbestos-containing products which were widely used in the construction industry.

As more working people are diagnosed with asbestos injuries, most notably mesothelioma, lung cancer or asbestosis (it can take as long as 30-40 years after being exposed to asbestos before an injury is diagnosable), more and more companies that manufactured or sold products with asbestos in them have sought the protection of the bankruptcy courts.

Babcock & Wilcox, one of the largest manufacturers of commercial and industrial boilers, is the most immediate example. Babcock & Wilcox declared bankruptcy back in May, 2000 due to its asbestos liabilities. Under the rules of the court overseeing Babcock & Wilcox's bankruptcy, all claimants with diagnosed asbestos disease must file a claim before July 30, 2001 or be forever barred from seeking compensation from Babcock & Wilcox for asbestos disease.

Last year alone, as the anti-labor, anti-consumer Republican onslaught continued, six corporations which manufactured, sold or installed products containing asbestos in the past sought the protection of the bankruptcy courts. They include Babcock & Wilcox, Pittsburgh Corning, Owens-Corning, Armstrong World Industries, GAF, and National Gypsum.

Additional bankruptcies are sure to follow as more working people are diagnosed with asbestos injury from exposures to asbestos they were subjected to years ago. It is likely that the bankruptcies from last year and the bankruptcies on the horizon will follow the example of the Babcock & Wilcox bankruptcy. Specifically, an arbitrary but final bar date will be established, forcing every working person who might ever have a claim for asbestos disease to file that claim - or be forever barred from pursuing a claim in the future.

We know more about asbestos today than we did even five or ten years ago. Diseases which were not commonly thought to be due to asbestos - lung cancer in a cigarette smoker, for example - have been more clearly linked to asbestos than ever before. Many people may have already been diagnosed with a disease that was caused by asbestos but were never informed that asbestos was the cause or that they have legal rights against the asbestos companies.

More tragic yet is the widow or widower whose spouse died of a cancer that was caused or contributed to by asbestos but who does not have enough information now to even know that he or she has a right to seek compensation from the asbestos companies.

The best way to address the situation is to aggressively educate all working people about the perils of having been exposed to asbestos in the past.

Asbestos causes mesothelioma, an always-fatal rare cancer that arises in the lining of the lung or the stomach. Asbestos causes lung cancer, even in cigarette smokers, and has been linked to a variety of other cancers as well.

Lastly, asbestos causes non-cancerous scarring of the lungs called asbestosis, which, if it progresses, can cause disabling shortness of breath and even death. Our law firm has always done its best to get the word out to the working people through their unions regarding the hazards of asbestos, the necessity for periodic medical examination and chest x-rays, the importance of quitting smoking for a person who has been exposed to asbestos and the need for a prompt and reliable diagnosis of any asbestos-related disease so it can be managed appropriately by the medical community.

Another way to address this tragic situation is to conduct a careful ongoing review by union locals or the international of all deceased members' death certificates to determine the cause of death and, more specifically, to determine whether that cause should be investigated to determine whether asbestos caused or contributed to the condition causing death. Goldberg, Persky, Jennings & White, P.C. will be happy to assist any interested construction or building trade union in the review of death certificates and will provide a free legal consultation. Compensation may be available to families whose loves ones died as long ago as 1996.

Obviously, time is of the essence. After July 30, 2001, anyone who has not yet filed a claim with Babcock & Wilcox for asbestos disease will be forever barred from doing so in the future, regardless of the circumstances. This situation is likely to be repeated in the bankruptcies of Pittsburgh Corning, Owens-Corning, Armstrong World Industries, GAF and others.

Information, communication and organization are the only tools we have to fight the asbestos industry, secure compensation for victims of asbestos disease, and to make sure that everyone who has a right to make a claim for such compensation makes it before they are forever barred by an arbitrary filing date. Please get the word out to your brother and sister members and retirees. Feel free to call on us, as we will gladly speak to interested groups, no matter how large or small and we can arrange NIOSH certified chest x-ray reviews.