What to Do If Exposed to Asbestos at Work

Employers nationwide are required by law to keep their employees safe at work. This explains what legal rights you have if you were exposed to asbestos at your job. Read on to learn what to do if exposed to asbestos at work.

Introduction

You can be exposed to asbestos in many different types of workplaces. Certain industries are more likely to use products with asbestos. It is important to understand your risks and legal rights regarding any exposure.

Brian was a college student who did construction work every summer. He was concerned that he was being exposed to asbestos from all the dust and debris. He told his boss, but his boss basically told him not to worry about it.

Brian worked outside mostly and for just a few months each year. He decided not to look into his concerns further. Years later, at 51, Brian developed a bad cough and was diagnosed with mesothelioma.

Brian’s wife encouraged him to hire an experienced asbestos attorney. Fortunately, Brian could provide details about his work experience and give his attorneys ammunition to fight his mesothelioma case in court.

Understanding Asbestos and Its Risks

Asbestos refers to a group of six silicate minerals that occur naturally in our environment some of which can contaminate talc, the main ingredient in talcum powder. The greatest danger occurs in mining it. ⁽¹⁾

Asbestos fibers are strong and heat resistant. Manufacturers have used asbestos in many products and industries: ^{(2) (3)}

• Building materials such as roofing shingles, ceiling and floor tiles, and asbestos-cement products.
• Automobile parts such as brakes, clutches, and transmission parts.
• Heat-resistant fabrics.
• Gaskets and coatings.
• Pipe wrapping.
• Insulation in attics and walls.
• Adhesives, such as vinyl floor coverings.
• Walls and floors around woodburning stoves.
• Hot water and steam pipe coatings.
• Oil and coal furnaces.

People who work in certain industries are more likely to be exposed to asbestos: ⁽⁴⁾

• Construction workers.
• Shipyard workers.
• Firefighters.
• Military workers.

Workers exposed to asbestos face a variety of severe health risks. Spouses, parents, children, and other family members who breathe in asbestos fibers from a worker’s clothes may also develop illnesses: ⁽⁵⁾

• Asbestosis.
• Lung cancer.
• Mesothelioma.

Identifying Asbestos Exposure in the Workplace

It can be hard to identify possible asbestos exposure when you are on the job. You may not be able to see common signs of asbestos presence in the workplace. For example, asbestos could be used as insulation in a building and you might not see it, or asbestos could be used in your tiled floor. However, when asbestos is disturbed, you might see what looks like dust or fibers in the air.

Asbestos can be found particularly in older buildings — drywall, ceilings and flooring, roofing, insulation, and fireproofing materials. Also, in shipyards and auto manufacturing plants.

The importance of professional asbestos testing and identification cannot be underestimated. All disturbed asbestos is dangerous. Once in your lungs, asbestos fibers can damage them.

The U.S. Environmental Protection Agency (EPA) says the only way you can know for sure if asbestos is in your home or workplace is to hire a professional. A qualified laboratory can tell you definitely. ⁽⁶⁾

Immediate Steps to Take if You Are Exposed to Asbestos at Work

Take these immediate steps if exposed to asbestos at work: ⁽⁷⁾

1. Report the Exposure:

• Inform your employer or safety officer. Tell your boss.
• Document the exposure incident. Keep a written account for agencies to follow-up on or for an attorney to prepare your lawsuit.

2. Seek Medical Attention:

• A medical evaluation and regular health monitoring are critical. If your doctor is looking for damage, you can be warned about problems before they get worse.
• Get common tests and screenings for asbestos-related illnesses; your doctor can advise you about these. For example, a complete physical, X-rays, and other imaging tests are a good place to start.

3. Follow Workplace Safety Protocols:

• Adhere to Occupational Safety and Health Administration (OSHA) regulations and guidelines. This is critical; federal laws exist to protect workers.
• Use personal protective equipment (PPE) and follow decontamination procedures to help keep you safe. Masks and protective clothing can help.

Understanding Your Legal Rights

Federal laws guarantee you a safe working environment. Your employer must make sure your workplace is safe. ^{(8) (9)}

Your legal rights as a worker include: ⁽¹⁰⁾

• A work environment where you are safe from harmful chemicals.
• All the safety equipment you need for the job.
• Being fully trained to use all required equipment.
• Being informed about all safety guidelines.
• Proof your environment is safe according to OSHA regulations.

Employers are responsible for complying with these regulations: ^{(11) (12) (13) (14)}

• Notifying the federal government how much asbestos they use and how they use it.
• Inspecting school buildings for asbestos and reducing hazards.
• Letting local agencies know they are following all regulations when doing demolition work.
• Safeguarding employees’ health and their working environment.

You need to keep documents about any suspected asbestos exposure. Also, keep all health records, including:

• Dates of possible symptoms of asbestos exposure.
• Visits to the doctor or emergency room.
• Diagnoses you received.
• Treatment you underwent.

You need to be able to show your boss or governmental agencies proof of details about your work environment and the days you worked.

Legal Options and Steps to Take

You have legal options and steps to take if your employer has not kept you safe in your workplace:

Consulting a Legal Professional

• Seeking legal counsel specializing in asbestos-related cases is first and foremost. Hire a professional asbestos attorney who knows the legal system inside and out and the right strategies to use for every possible scenario. Your lawyer can tell you whether going to trial or seeking a settlement would be your best legal option.
• Choose the right lawyer or law firm by looking at their experience and history. Check their record of successes. Visit websites. Read testimonials. Take possible firms up on their offers of an initial consultation. Pay attention to whether the lawyers are listening to you, if they sound like they know what they’re doing, and if they really care.

Filing a Workers’ Compensation Claim

• The U.S. Department of Labor’s Office of Workers’ Compensation Programs handles four primary disability compensation programs for federal workers. The federal government provides benefits related to wage replacement, medical treatment, and vocational rehabilitation. Other agencies that handle federal claims include the Federal Employees’ Compensation Program, the Longshore and Harbor Workers’ Compensation Program, the Federal Black Lung Program, and the Energy Employees Occupational Illness Compensation Program.
  
  However, if you were employed by a private company or state or local government agency when you were injured at work, you should contact your state’s workers’ compensation board. ⁽¹⁵⁾
• With an asbestos-related illness, you likely won’t get all the compensation you deserve from a workers’ compensation program. Your injury isn’t a one-off, like breaking a bone. Workers comp doesn’t pay for your pain and suffering. A good attorney can ensure you and your family are taken care of now and in the future. 

Pursuing a Personal Injury Lawsuit

• The basic criteria for filing a personal injury lawsuit are:
• Have you been harmed?
• Do you think your employer is responsible?
• If so, a good attorney and legal team can get you the compensation you deserve.
• Potential compensation and damages you can claim include the cost of medical expenses, doctors’ visits, treatments, physical therapy, loss of income, and damages for your employer’s negligence. Legal compensation can also help you get money for your pain and suffering. If your employers put your health in danger by not taking steps to prevent harm, they have broken the law.
  

Joining Mass Tort Lawsuits

• Mass tort suits typically involve multiple people suffering similar injuries from exposure to a product or chemical or pollutant. This product is produced by one of more defendants. It causes harm by the same negligent conduct, wrongful act, or defective product. In a mass tort, each plaintiff maintains their own individual claim and decisions are made on a case-by-case basis. This is different from a class action suit. In a class action, a representative plaintiff sues on behalf of the larger group. The outcome is binding on all members of the class of similarly injured individuals.
• Asbestos cases are typically filed individually on a case-by-case basis. Each person developed an asbestos-related disease (such as asbestosis, lung cancer, or mesothelioma). The circumstances of how each person was exposed are usually different. ^{(16) (17)}
• There are benefits to joining a mass tort lawsuit. It can be helpful in some cases, mostly in terms of reducing the time and duplications in the process. One way is the basic facts are the same. Asbestos and talc exposure lead to injury. Attorneys don’t have to start from scratch each time. Also, courts and judges deal with these same basic facts. The process moves faster than if every single person was injured from a different event. The case ends sooner. You get your compensation faster. ⁽¹⁸⁾

Resources and Support for Asbestos-Exposed Workers

The federal government, states, and local agencies offer resources for workers exposed to asbestos.

Medical Resources

• Organizations and clinics specializing in asbestos-related diseases include the Asbestos Disease Awareness Organization, the Mesothelioma Applied Research Foundation, and the American Lung Association. ^{(19) (20) (21)}
• Support groups and counseling services can be found locally and nationally. The Mesothelioma Applied Research Foundation offers a number of support groups, including a daytime patient support group that meets through Zoom and a variety of Facebook groups. ⁽²²⁾

Legal Resources

• Organizations providing legal aid and information on asbestos exposure include national law firms such as Weitz & Luxenberg.
• Weitz & Luxenberg’s services and experience in asbestos litigation are exceptional. We’ve been representing clients and winning cases for nearly 40 years.

Government and Non-Profit Organizations

• OSHA, EPA, the Centers for Disease Control and Prevention, National Cancer Institute, and MedlinePlus offer mesothelioma information and support.
• Non-profits offering support and advocacy for asbestos-exposed individuals include the Environmental Working Group and the Lung Cancer Foundation of America. ^{(23) (24)}

Weitz & Luxenberg

Knowing what to do if exposed to asbestos — or talc contaminated with asbestos — at work can help make a difference in your survival. First and foremost, it is against the law for any employer to put you in harm’s way at work. They must safeguard your health and safety.

When companies fail to ensure your health and safety, they are breaking the law. You can report them, file complaints, and sue. You can seek compensation.

Find out if you have an asbestos-related illness. Get the treatment necessary to protect your health.

Hire an experienced attorney for guidance. At Weitz & Luxenberg, we can help. We know mesothelioma. We’ve been doing asbestos litigation for nearly 40 years.

Plus, we have a solid history of winning. Over the years, we have secured more than $19 billion on behalf of our clients who have been harmed by large companies and national corporations. We also offer a case evaluation at no charge. Please reach out by calling (917) LAWYERS or filling out the form on this page.