Expert Advice When You Need It Most

Asbestos-Related Diseases and Legal Compensation

Written by: Thomas Joseph Lamb

Reputation Level 8

Personal Injury

Posted over 2 years ago. 3 helpful votes, 0 comments

Save

Share with:

WHO WAS EXPOSED TO ASBESTOS ON THE JOB?

It is estimated that more than 21 million Americans have had a significant amount of asbestos exposure in the past. Most of these people were exposed to asbestos dust during their work with or around asbestos containing products before the mid-1970's, when the use of these products was reduced. The workers who were most likely exposed to asbestos dust on the job include the following: • Boilermakers • Bricklayers • Building Engineers • Carpenters • Cement Finishers • Custodians • Electricians • Foundry Workers • HVAC Mechanics • Insulators • Ironworkers • Laborers • Machinists • Maintenance • Merchant Mariners • Millwrights • Navy Personnel • Paperworkers • Pipefitters • Plasterers • Plumbers • Powerhouse Workers • Railroad Workers • Refinery Workers • Rubber Workers • Sheetmetal Workers • Shipyard Workers • Steamfitters • Steelworkers • Welders

WHO ELSE MIGHT HAVE BEEN EXPOSED TO ASBESTOS?

It is important to realize that family members who came in contact with, handled, or washed the dirty and dusty clothes of these workers may have been exposed to asbestos, also, and an asbestos-related disease could develop.

WHAT ARE ASBESTOS-RELATED DISEASES?

WHAT ARE ASBESTOS-RELATED DISEASES? The most common asbestos-related diseases are asbestosis, lung cancer, and mesothelioma. Asbestos can also cause esophageal, pharyngeal, and laryngeal cancers, as well as stomach cancer and colon cancer. A very important characteristic of asbestos-related diseases is the long delay, or latency period, between asbestos exposure and the onset of disease. It is usually at least 15 years, and sometimes as long as 40 or 50 years, after the person’s first exposure to asbestos before an asbestos-related disease develops. Because of this latency period, people exposed to asbestos many years ago are still at risk, today, to develop an asbestos-related disease. Only a medical doctor can accurately determine whether a person has developed a disease which was caused by asbestos. To assist you with identifying a possible asbestos-related disease, here are some basic facts about asbestosis, lung cancer, and mesothelioma.

SOME BASIC FACTS ABOUT ASBESTOSIS

Asbestosis has a latency period of at least 15 years, and there may be no physical symptoms of this disease until 20 to 40 years after the person’s first exposure to asbestos. The usual problem complained of by a person who has developed asbestosis is shortness of breath, or “wheezing”, upon exertion, i.e., dyspnea. In addition, a dry or productive cough becomes more troublesome as the disease progresses. The health problems caused by asbestosis are due mainly to lung infections, like pneumonia, that attack weakened lungs. Moreover, for a person with asbestosis, the risk of developing lung cancer is increased at least 5 times.

SOME BASIC FACTS ABOUT LUNG CANCER

Due to the latency period for lung cancer, this disease is usually diagnosed 25 to 40 years following the person’s first exposure to asbestos. The early symptoms of lung cancer are progressive weakness, weight loss, fatigue, and coughing or spitting of blood, i.e., hemoptysis. The more asbestos dust inhaled by a person in the past, the greater the risk of that person developing lung cancer at some time in the future.

SOME BASIC FACTS ABOUT MESOTHELIOMA

For mesothelioma, the latency period between the person’s first asbestos exposure and the start of this disease is at least 20 years and sometimes as long as 50 years. Shortness of breath, or “wheezing”, upon exertion, i.e., dyspnea, and chest pain are the most important early symptoms. A dry cough, malaise, and weight loss may occur, also.

WHY IS SMOKING ESPECIALLY DANGEROUS?

It is important to know that the combination of asbestos exposure and cigarette smoking is very harmful. A person’s chance of developing lung cancer is increased approximately 5 times when there has been asbestos exposure but the person does not smoke cigarettes. The risk of developing lung cancer is increased approximately 10 times if a person smokes cigarettes but was not exposed to asbestos. Where there is asbestos exposure and cigarette smoking combined, however, a person’s risk of developing lung cancer is increased as much as 50 to 90 times. There is evidence that quitting smoking will reduce the risk of lung cancer among people who have been exposed to asbestos, perhaps by as much as half after at least 5 years without smoking. Accordingly, smokers with asbestos exposure should try to quit smoking.

HOW DO WORKERS AND THEIR FAMILIES GET LEGAL COMPENSATION FOR DISEASE OR DEATH CAUSED BY EXPOSURE TO ASBESTOS?

The evidence shows that most asbestos manufacturers knew long ago their products would injure and kill people, but these companies actively conspired to hide this information in order to keep selling their products. For these reasons, asbestos manufacturers are being held legally liable, and are required to pay compensation, in connection with the asbestos-related diseases or deaths suffered by workers and their families, now. The most common method of seeking legal compensation for disease or death caused by asbestos is the filing of a lawsuit. In each state there are statutes of limitations that determine the time period within which one may file such a lawsuit. For example, in North Carolina: (1) a personal injury case must be filed within 3 years from the date the asbestos-related disease is diagnosed; and, (2) a wrongful death case must be filed within 2 years from the date of death. In addition to the lawsuit, there may be a workers’ compensation claim to be filed.