Guide To Asbestos In The Workplace | PersonalInjuryLawyer.com

Asbestos is an insulation product that was used in the early 1900s as heat retardant, sound absorbent, electrical insulation, and more, but in the 1930s, it became clear that asbestos in the workplace was a dangerous source of disease. As a result, the courts are experienced at facing lawsuits over these illnesses. In addition, many victims have already received large money settlements in these types of suits. Anyone who has recently been diagnosed with an illness because of exposure to asbestos should investigate their options for obtaining compensation.

Foundation for Claims

Because of the many suffering victims of asbestos exposure, the courts are accustomed to addressing such cases and, if the evidence supports it, awarding damages to victims. Several serious diseases result from asbestos exposure:

Lung cancer

Mesothelioma (a form of cancer that attacks the lining of a person’s internal organs. It was rarely seen before the widespread production and use of asbestos in the 30s and 40s)

Asbestosis (or lung inflammation that can cause permanent damage)

Colorectal and gastrointestinal cancer

Thickening and calcification in the chest cavity lining

Asbestos exposure in a production facility or through an asbestos installation company are common causes of these diseases, although family members can also be exposed through inhaling fibers that are attached to the worker’s clothes.

Some of the most common occupations in which people are exposed to asbestos in the workplace include:

Construction and renovation

Paper mills

Roofing

Shipbuilding

Mining

Heating and cooling equipment repair

Auto repair

Textile industries

Insulation industries

Janitorial services where asbestos is found and, often, deteriorating

In recent decades, employers and the Occupational Safety and Health Administration (OSHA) are better at regulating how asbestos is used, produced, and installed, so that workers are rarely exposed to dangerous levels.

Filing Claims

There is a statute of limitations on these cases that varies by state, but often runs one to five years. Since it may take between 10 and 40 years for these diseases to appear, once they are detected, victims and their attorneys should work quickly to file their claims. Generally, those claims can be filed against anyone who is ultimately responsible for the victim’s exposure and illness, including:

Employers who manufacture and install asbestos

Companies who provide ineffective protective gear

Insurance companies

Asbestos victim’s compensation funds that now have liability for such claims

Asbestos Compensation

Once a lawsuit has been filed, most defendants settle out of court. That allows the victims to receive their money more quickly, but the compensation is often smaller than what it might be if the case went before a jury. In some cases, however, for companies that have gone out of business, the claim amounts must be rationed to allow for the great number of claims that expect to face as time goes on.

Getting Legal Help with Asbestos Claims

While the courts are generally well disposed to honoring valid claims for injuries suffered because of asbestos exposure, it is important that there be adequate proof that the injuries were suffered as a result of asbestos and not merely smoking or exposure to some other dangerous material. An experienced asbestos attorney can assess a victim’s case and determine if they have the grounds to file and claim, and whether that claim would be best served by an out-of-court settlement or a jury trial.

Have a Personal Injury Case?