Asbestos Exposure and Your Legal Rights

You have a right to sue for damages when your injury or illness is due to work-related hazards. This is true regardless of whether the injury or illness in question was caused directly (in the case of a job which involved working with toxic materials) or indirectly (such a substance was present in the workplace, such as an office or classroom).

In addition, you may be eligible for workers’ compensation as well as Social Security disability benefits. Contrary to the rhetoric by some conservative politicians and pundits, Social Security is not an “entitlement” or “welfare” program. As a worker, you paid into the system for this very reason. In fact, if you earned the median U.S. salary when you worked, Social Security taxes constituted a sizable portion of your deductions. If you have a Social Security number, you have a right to collect payments when you are no longer able to work; do not allow anyone to tell you differently.

Unfortunately, because the U.S. federal government and the courts are increasingly on the side of large corporations (which have virtually unlimited financial resources), it is important to have a thorough understanding of asbestos exposure and your legal rights under the law – and choose an attorney who has knowledge and experience dealing with work-related injury issues.

A Brief History of Asbestos

The use of asbestos predates the Industrial Age. The ancient Egyptians incorporated asbestos fibers into the funeral shrouds in which they entombed their deceased pharaohs. In the Hellenic world of the Roman Empire, asbestos was used in the creation of “everlasting wicks” used in oil burning lamps (1).

Although it was extremely rare, people who worked with this amazing, flexible “serpentine” stone were periodically known to suffer from what was then called the “Crab Sickness.” Hippocrates, the founder of Western medicine, was the first to identify such tumors. Because the swollen blood vessels around such tumors somewhat resembled the front claws of crabs, he called them karkinos, the Greek word for “crab” – from which comes the term carcinogen (2).

The toxicity of asbestos was becoming apparent to the general public by the 1960’s, although scientists had actually been issuing warnings about its hazards in scholarly journals dating back to the late 1930s (it is estimated that asbestos exposure in the shipyards during World War II ultimately resulted in nearly as many deaths as combat injuries). Nonetheless, in the name of maintaining profits and externalizing costs, the large corporations who have now come to dominate the U.S. federal government and its policies deliberately withheld this information from the public.

Ultimately, this information could not be concealed. Because of the determination of a small number of attorneys, these corporations finally started to be held accountable when the first asbestos-related lawsuit was filed in 1966 (Tomplait v. Johns-Manville, et. al.).

Your Rights Under Current Law

When you file a lawsuit against a former employer or asbestos manufacturer, it will be one of two types, depending on whether you are filing the suit as the victim, or a family member suing on behalf of someone who has died from an asbestos-related condition.

Living victims file a personal injury claim. The damages that you may receive under such a claim include compensation for medical costs, loss of income, and pain and suffering. In addition, a judge or jury may add punitive damages above that (although corporate lobbyists in Washington D.C. have been writing legislation which members of Congress pass and the current President happily signs into law, placing more and more restrictions on punitive damages).

Family members of the decedent (legally known as survivors) can file a wrongful death suit. Although laws and procedures differ from that of a personal injury claim, the plaintiffs are seeking the same remedy.

The first issue to be concerned with is the statute of limitations. This is the period of time within which you must file your claim, or lawsuit; otherwise, your right to sue is forfeit. In the case or mesothelioma or asbestosis, this period begins when you are diagnosed. The statute of limitations varies considerably from one state to the next (3). For example, the state of Louisiana gives plaintiffs only a one-year period in which to file a claim. Many states offer a plaintiff up to three years to file suit. In any event, it’s best not to wait before taking legal action; file your complaint as soon as possible after your diagnosis has been confirmed.

Keep in mind that symptoms of mesothelioma can take years and even decades to appear. Many shipyard workers employed during the Second World War were not diagnosed until the 1980s. Again, the statute of limitations begins upon diagnosis, not the time of your asbestos exposure.

You and your attorney will need to gather a great deal of information, part of which establishes the manufacturer of the asbestos and whether or not your former employer was aware of the dangers involved. You and your attorney have the legal right to request, receive and examine this evidence.

You have the right to ask for the full amount of damages, including – but not limited to – compensation for medical bills, related expenses such as travel, loss of income, and legal expenses. (The last issue is important, although if your attorney takes your case on contingency, i.e., on a percentage basis, s/he will take this into consideration when calculating the amount of damages.

Finally, if you are among the fortunate people who have not yet, to the best of their knowledge, been exposed to harmful concentrations of asbestos, understand that current U.S. law now mandates that workers have the right to a safe workplace as well as protective equipment and proper training in handling such materials when necessary. Similarly, children have the right not to attend school in a building known to have asbestos. If you are planning to purchase an older or vintage home, you also have the right – and the seller has the responsibility – to have the home inspected for asbestos, which must be removed before finalizing the sale (4).

'Asbestos Exposure and Your Legal Rights' Resources:

Notes

  1. Taylor, Ron. Facts on Radon and Asbestos, p. 20
  2. Lane, Sharon. Cancer History, 2005
  3. Bowker, Michael. Fatal Deception, p. 162-163
  4. Small Business Solutions, 2007
  5. Ibid.

Sources

  1. Bowker, Michael. Fatal Deception. (New York: Touchstone, 2003)
  2. Lane, Sharon. Cancer History. Rare Cancer Alliance (Website). Last updated 21 June 2005.
    Accessed: 21 July 2007.
  3. Small Business Solutions; Mesothelioma and Your Legal Rights (Website).
    Accessed: 21 July 2007.
  4. Taylor, Ron. Facts on Radon and Asbestos. (New York: Franklin Watts, 1990).