Personal Injury Law Cases: Dealing With Medical Conditions Linked To Exposure To Asbestos

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Asbestos is a naturally occurring silicate material that was commonly used in the past due to its desirable properties, like its sound absorption properties, high average tensile strength, and resistance to heat, fire and a wide array of different chemicals; however, its use was abruptly halted once scientists figured out that its use came with terrifying consequences to one's health. Surprisingly, over 1.3 million Americans are still exposed to asbestos on a daily basis. Exposure to asbestos can have fatal consequences, and those who are exposed unknowingly to asbestos in the workplace environment can file a personal injury claim.

What Are Your Rights to Avoiding Asbestos Exposure?

According to The Occupational Safety and Health Administration, employers are responsible for carefully monitoring asbestos exposure in the workplace environment and to prevent any form of exposure without proper safety equipment. In short, your employers are legally responsible to take precautions in order to minimize asbestos exposure. If asbestos exposure is inevitable, it is the employer's responsibility to notify you of the health consequences, and also provide you with the proper safety equipment needed. Employers are responsible for:

  • Providing appropriate training material to employees of the health consequences related to asbestos exposure.
  • Having properly ventilated workspaces that are meant to solely deal with asbestos, and also providing appropriate safety equipment, like properly fitted filtration masks, gloves and goggles, that will filter asbestos and other particles from the air.
  • Monitoring asbestos level in the workplace, and ensuring that employees are not exposed to high levels.
  • Offering showers and other forms of post-exposure precautions that will minimize the consequences of asbestos exposure.
  • Ensuring that warning signs and instructions are provided, so that employees are immediately alerted when a potential hazard is present.
  • Implementing routine medical examinations for employees who are at risk for being exposed to high levels of asbestos.

If you have been exposed to asbestos and are suffering from the consequences of the exposure, you and your personal injury lawyer will want to discuss whether your employees performed due diligence in preventing the exposure.

Who Can You Hold Responsible?

In the event that you are an unfortunate victim of asbestos exposure, determining who is responsible will also aid your personal injury claim. A lawsuit can be filed against:

  • The employers if the employers did not perform the due diligence needed to reduce risk of asbestos exposure, properly train employees, or provide necessary safety equipment.
  • The company that manufactured the product containing the asbestos.
  • The company that manufactured any safety equipment that has failed to work properly.
  • The owner of the premises where the asbestos exposure occurred.
  • Any contractors or sub-contractors that were responsible for minimizing asbestos exposure.

Your personal injury lawyer will need to determine the amount of responsibility that each party has in the situation in order to determine who to file a claim against.

What Are The Consequences of Exposure to Asbestos?

The biggest concern with asbestos exposure is that exposure can lead to mesothelioma, a deadly form of cancer that attacks the mesothelium. The mesothelium is a membrane that is responsible for protecting numerous organs in the body. Some symptoms of asbestos exposure will include:

  • Dry, consistent coughing.
  • Difficulty swallowing.
  • Shortness of breath.
  • Weight loss.
  • Fatigue.
  • Fever.
  • Swelling in the upper body, particularly in the facial regions.
  • Lower back pains.

Just because you may have been exposed to asbestos, it does not mean that the symptoms will emerge immediately. Studies have shown that there is a latency period that lasts anywhere between 20 to 50 years. This means that you can expect the symptoms to show up much later.


If you have been exposed to asbestos, you will want to obtain immediate medical attention to determine the severity of your situation. A personal injury lawyer can help you obtain the compensation that you need to deal with the stark consequences that follow.


15 September 2014

Hurt at Work? Get the Compensation You Deserve

Getting hurt while on the job can leave you in pain and without an income for some time afterward, but that doesn't mean that you have to start going to the food banks to make ends meet. Working with a lawyer to file a personal injury case (if the injury was due to neglect by another party) is a great way to get compensation you deserve for lost work, and to get your medical bills paid so you don't have to pay out of pocket for high deductibles. This website was built with love to provide you with up-to-date information you can use when working with a lawyer, filing paperwork, and dealing with all of the hoops and red tape of your personal injury case. Hopefully you can find the support you need right here.