The History of Asbestos Use and Regulation
Asbestos, a naturally occurring mineral known for its heat resistance and durability, was widely used throughout the 20th century in thousands of commercial and industrial products. Despite evidence of health risks emerging as early as the 1920s, many asbestos companies continued to use the material without warning workers or implementing safety measures.
It wasn't until the 1970s that the U.S. government began regulating asbestos use through the Clean Air Act and the Occupational Safety and Health Administration (OSHA). The Environmental Protection Agency (EPA) issued a full ban on most asbestos products in 1989, though this was partially overturned in 1991, leaving some asbestos-containing products still legally available in the United States today.
Key Asbestos Exposure Statistics
- Over 27 million American workers were exposed to asbestos between 1940 and 1980
- Approximately 1.3 million construction and industry workers still face significant asbestos exposure today
- Asbestos is still legal in the United States, with an estimated 8.2 million pounds imported between 2017-2021
- About 125 million people worldwide are exposed to asbestos in the workplace annually
How Asbestos Exposure Occurs
Asbestos exposure typically happens when microscopic asbestos fibers become airborne and are inhaled or ingested. These sharp, durable fibers can then become lodged in the body's tissues, particularly in the lungs and mesothelial lining, where they cause inflammation and scarring over time that can lead to mesothelioma and other asbestos-related diseases.
Primary Exposure
Primary exposure occurs through direct contact with asbestos-containing materials in occupational settings. Workers who handled raw asbestos or asbestos-containing products faced the highest risk of exposure.
Secondary Exposure
Secondary exposure (also called take-home exposure) occurs when asbestos workers inadvertently bring fibers home on their clothing, skin, or hair, potentially exposing family members. This was particularly common before safety regulations required changing facilities and showers at worksites.
Environmental Exposure
Environmental exposure can occur from natural asbestos deposits in the earth or from asbestos-containing products in buildings and structures. When these materials are disturbed during renovations, demolitions, or natural disasters, asbestos fibers can be released into the air.
Industries and Occupations at High Risk
While asbestos exposure can occur in many settings, certain industries and occupations have historically presented much higher risks:
Construction
Workers involved in building, renovation, and demolition faced exposure from asbestos-containing insulation, flooring, roofing, and cement products.
Shipbuilding
Shipyard workers were exposed to asbestos used extensively in naval and commercial vessels for insulation, fireproofing, and gaskets.
Manufacturing
Factory workers producing asbestos-containing products like textiles, friction materials, and building materials faced high exposure levels.
Automotive
Mechanics, particularly those working with brakes and clutches, were exposed to asbestos in friction components.
Military Service
Veterans, especially Navy personnel, were exposed to asbestos used extensively in ships, vehicles, and facilities.
Firefighting
Firefighters may be exposed to asbestos when responding to fires in older buildings containing asbestos materials.
Your Legal Rights After Asbestos Exposure
If you've been diagnosed with an asbestos-related disease like mesothelioma, you have important legal rights that may entitle you to compensation for your injuries. Understanding these rights is the first step toward securing the financial resources needed for treatment and providing for your family.
The Right to File a Lawsuit
You have the right to file a personal injury lawsuit against the companies responsible for your asbestos exposure. These lawsuits can seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
The Right to Seek Compensation from Trust Funds
Many asbestos companies that declared bankruptcy established trust funds to compensate victims. There are currently over 60 asbestos trust funds with an estimated $30 billion available for claimants.
The Right to Veterans Benefits
Veterans exposed to asbestos during military service may be eligible for benefits through the Department of Veterans Affairs, including disability compensation and healthcare benefits.
The Right to Workers' Compensation
In some cases, individuals exposed to asbestos in the workplace may be eligible for workers' compensation benefits, though these claims often have limitations compared to other legal options.
Statutes of Limitations
It's crucial to understand that legal claims for asbestos exposure are subject to statutes of limitations, which vary by state. These laws limit the time you have to file a lawsuit after diagnosis. In most states, the timeframe ranges from 1-3 years from diagnosis or discovery of the illness. Consulting with an experienced mesothelioma attorney as soon as possible after diagnosis is essential to protect your rights.
Types of Legal Claims for Asbestos Exposure
There are several types of legal claims available to those affected by asbestos-related diseases:
Personal Injury Claims
Filed by individuals who have been diagnosed with an asbestos-related disease against the companies responsible for their exposure. These claims seek compensation for damages including medical expenses, lost income, and pain and suffering.
Wrongful Death Claims
Filed by family members after someone has died from an asbestos-related disease. These claims seek compensation for the family's loss, including funeral expenses, loss of financial support, and loss of companionship.
Asbestos Trust Fund Claims
Many asbestos manufacturers established bankruptcy trust funds to compensate victims. Filing a claim with these trusts is often faster than litigation and can provide compensation without going to court.
VA Claims
Veterans exposed to asbestos during military service can file claims with the Department of Veterans Affairs for disability benefits and healthcare.
Proving Your Asbestos Exposure Case
Successfully pursuing compensation for asbestos-related illness requires establishing several key elements:
Documenting Exposure History
Your attorney will help you reconstruct your work and life history to identify where and when you were exposed to asbestos. This may involve reviewing employment records, interviewing coworkers, and consulting industry experts.
Medical Documentation
A definitive diagnosis of an asbestos-related disease from a qualified physician is essential. Your medical records must establish the connection between your illness and asbestos exposure.
Establishing Liability
Your legal team will work to identify all potentially responsible parties, including manufacturers, suppliers, distributors, and employers who knew about the dangers of asbestos but failed to protect workers.
Demonstrating Negligence
In most cases, plaintiffs must show that the responsible parties knew or should have known about the dangers of asbestos but failed to warn or protect people from exposure.
Frequently Asked Questions About Asbestos Exposure and Legal Rights
How long after asbestos exposure can I file a lawsuit?
The statute of limitations for filing an asbestos lawsuit typically begins when you are diagnosed with an asbestos-related disease or when you should have reasonably discovered the illness. Most states allow 1-3 years from the date of diagnosis to file a claim, but this varies by jurisdiction. It's essential to consult with an attorney as soon as possible after diagnosis.
Can I file a claim if I was exposed to asbestos decades ago?
Yes, you can still file a claim even if your exposure occurred decades ago. Mesothelioma and other asbestos-related diseases have long latency periods, often taking 20-50 years to develop. The legal system recognizes this and allows claims based on old exposures, provided you file within the statute of limitations from your diagnosis date.
What if the company responsible for my exposure is out of business?
Many asbestos companies that declared bankruptcy established trust funds to compensate victims. Even if a company is no longer in business, you may still be able to receive compensation from these trust funds. An experienced mesothelioma attorney can help identify all potential sources of compensation.
Can family members file claims for secondary asbestos exposure?
Yes, in many states, family members who developed asbestos-related diseases from secondary exposure (such as washing the clothes of an asbestos worker) can file claims against the responsible companies. However, the laws regarding secondary exposure claims vary by state, so it's important to consult with an attorney familiar with the laws in your jurisdiction.
How much does it cost to hire a mesothelioma attorney?
Most mesothelioma attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. Typically, the attorney receives a percentage of the compensation obtained, usually between 25-40%. There are usually no upfront costs or fees, making legal representation accessible regardless of your financial situation.
Understand Your Potential Compensation
If you or a loved one has been exposed to asbestos and diagnosed with mesothelioma, you may be entitled to significant compensation.
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