Asbestos turned up routinely on job sites for much of the last century. Far fewer workplaces use it today. Mesothelioma hasn’t gone away, though, and the CDC counted 2,669 new cases in 2022 alone. Men made up more than 75% of the cases recorded from 2003 through 2022.
According to the Occupational Safety and Health Administration, construction and ship repair are where heavy exposure tends to happen, especially while asbestos materials are being removed. Brake and clutch repair draws the agency’s attention too. Its position on safety is blunt. No level of exposure is safe for any type of asbestos fiber.
From Job Site to Diagnosis
Mesothelioma stands apart from many other occupational cancers. The disease typically surfaces decades after the exposure that caused it. Pipefitters, auto mechanics, and shipyard workers appear on the Agency for Toxic Substances and Disease Registry list of occupations with past asbestos exposure. The CDC says asbestos exposure causes most mesothelioma cases, so workers in those trades can develop the disease.
Workers in California have often been exposed at shipyards, refineries, power plants, and aerospace plants, according to a California mesothelioma lawyer. Because the disease takes so long to appear, a worker’s employment history is both necessary and useful for tracing where the exposure happened.
Workers’ Compensation
Often people’s first reaction is to use the workers’ comp system. This action makes sense because poor workplace conditions cause occupational illnesses. Since asbestos cancers trace back to a job, workers’ compensation systems typically handle them as occupational diseases and pay treatment costs, partial wage loss, and death benefits.
Workers’ compensation claims can involve several laws and tribunals, and occupational diseases that trace to exposures decades back make matters harder. Which employer is accountable, when a worker may file, and what the benefit rates are all depend on the state.
State-focused practitioners handle much of this work. Illnesses tied to exposure to hazardous materials, including respiratory disease and lung cancer, can fall under workers’ compensation, based on information from workers’ compensation lawyer Vernon Sumwalt.
Workers’ compensation also carries a tradeoff. In exchange for benefits that do not require proof of fault, workers’ compensation laws as a rule bar most lawsuits against a person’s own employer. That limit does not usually extend to the companies that made or supplied the asbestos products.
Claims Against Product Manufacturers
Civil claims may be filed against product manufacturers, suppliers, and property owners. These cases can be more complex because people frequently have several asbestos-containing products used during their careers and may file more than one claim.
Product identification often matters in mesothelioma claims. With well-kept records, exposure can be traced to specific asbestos-containing product brands. A mesothelioma case involves more individuals, and the discovery process is more detailed than that of more traditional cases.
With claims in mesothelioma cases, the plaintiff can recover medical expenses, loss of income, and damages for pain and suffering. If the plaintiff dies from the disease, family members may file wrongful death claims under the laws of their state.
Asbestos Trust Funds
Many former manufacturers of asbestos went bankrupt. Bankruptcy trusts have been established for the current and future claimants. Rather than court litigation, trusts set up through bankruptcies govern claims on an individual basis with exposure levels and procedures.
A person with mesothelioma may qualify to file with several trusts at once, depending on which products appear in the work history. Trust claims can proceed alongside a lawsuit against companies that remain in business and alongside workers’ compensation or veterans’ benefits, although the interaction between these sources varies by state.
Timing Matters
Most of these claims have a deadline. Many jurisdictions start the filing deadline when a patient knew, or should have known, that the diagnosis was related to asbestos, rather than on the day of first exposure. The actual deadline varies by state and depends on the type of claim. Wrongful death claims commonly run on a separate procedure and timeline from the worker’s own claim.
Most exposed workers stay free of mesothelioma. For those who do develop it, the disease often shows up decades later. Three tasks matter after a diagnosis. Workers should review their legal options, list every past job, and keep attending medical appointments.
