Photo/Illutration Ritsuko Ishihara, second from left, and other plaintiffs in the compensation lawsuit for asbestos-linked health problems hold a news conference on Dec. 13. (Shunsuke Abe)

A Dec. 13 agreement marked the first Supreme Court-mediated settlement to provide compensation to construction workers who suffered chronic health issues as a result of inhaling asbestos on the job.

Most of the original plaintiffs died while seeking redress, leaving bereaved family members to continue the fight that took 10 years.

The deal, which mainly covers those who toiled in the Kyushu region, follows a Supreme Court decision in May that found the central government and manufacturers of construction materials liable for providing compensation.

The central government offered an apology and pledged to provide about 350 million yen ($3 million) in total compensation. The first settlement involves 52 former construction workers and bereaved family members. Each plaintiff will receive about 10 million yen, depending on the extent of the individual's health issues. This is in line with an agreement reached by the government and the plaintiffs a day after the Supreme Court ruling.

For Ritsuko Ishihara, 76, it was a bittersweet decision as she lost her husband to lung cancer triggered by the inhalation of asbestos particles. Ishihara serves as vice head of the plaintiffs’ group.

“It took 10 years since the lawsuit was first submitted in 2011,” she said at a news conference on Dec. 13 in Tokyo. “Most of the plaintiffs have died. I believe they wanted to hear (the details of the settlement) while they were still alive.”

Former construction workers in other parts of Japan joined various plaintiff groups in hopes of reaching court-mediated settlements following the May agreement. Eighty-three lawsuits covering about 1,400 plaintiffs had been filed as of November, according to the health ministry.

Not all former construction workers affected by asbestos have sought legal redress, and the central government plans to set up a fund to provide compensation to them at a similar level as those who joined lawsuits. The fund is expected to begin operating in June 2022.

The construction materials companies have not taken part in the settlement process and the court’s Second Petty Bench, which handled the first settlement involving the government and the plaintiffs, is expected to make a decision on the extent of compensation the companies will have to fork out.

About 10 of the 40 companies involved in the various lawsuits have been found liable for compensation, but none got involved in the settlement process. A decision is pending on the amount they would have to contribute to the fund.

Kazuyuki Yamamoto, the lead lawyer on the plaintiffs’ group, said his team would press the companies to join in the court-mediated settlement process.

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