Being exposed to asbestos can have many unforeseen circumstances down the road. Of course, the most serious circumstance is the development of cancer and other diseases as a result. However, one unforeseen circumstance is the cost of medical treatment. Unfortunately, many people are unaware of how worker’s compensation can apply to asbestos exposure- and the peace of mind and financial help it can bring to those who are suffering. Here’s what you need to know about asbestos exposure and worker’s compensation.





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If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.





What is Asbestos?

Asbestos is actually a banner term that describes various silicate minerals. These minerals come in different colors and they have differences in terms of how they look, as well as the product applications that work best for each type of asbestos. 

However, one thing that all varieties of asbestos have in common is their extreme durability. Asbestos is resistant to things like melting, corrosion, evaporation, and decomposition, and it does not conduct electricity. For everything from building materials to stoves and respirators, asbestos was the go-to material prior to its ban in America in the latter half of the 20th century.

This is what has made asbestos so popular for millennia, and why manufacturing companies in the modern era were willing to use asbestos despite decades of known (and suppressed) information relating to the health risks for those who are exposed to asbestos fibers.

“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure”

Source: National Cancer Institute (NIH)1

Asbestos Health dangers

Once the microscopic asbestos fibers make their way into our bodies, typically by being inhaled or swallowed, they embed into the lungs and other tissues in the body. Over time, this causes scarring and damage to crucial bodily organs and can lead to the development of cancer. This long latency of asbestos means that people often remain unaware that they have been exposed until this damage reaches a tipping point, decades down the road. By the time noticeable symptoms are experienced, the asbestos fibers have done serious, and sometimes fatal damage.  

“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”

Source: American Lung Association

How Asbestos is Used in the Workplace

The workplace is one of the most common examples of asbestos exposure that people can experience. This form of exposure, called occupational exposure, means that someone is exposed to asbestos because they directly dealt with the mineral, or because it was present within the work facility. Some of the more common examples include factories, refineries, foundries, and shipyards.

“The overall evidence suggests there is no safe level of asbestos exposure.”

Source: National Cancer Institute (NIH)2

It’s easy to think that since asbestos is now banned, workplace risks no longer exist. However, this is misleading. Virtually every building prior to 1980 contained asbestos in some form. While asbestos-containing materials have been replaced or outright banned in many places throughout the United States, the risk still exists for those who work in older buildings. 

Image Asbestos Workers article body

The Workplace Duty to Warn About Asbestos

Unfortunately, one of the most popular examples in all of asbestos history has to do with Nellie Kershaw. Her fame is also a tragedy, as she is noted as the first-ever recorded victim of asbestos exposure. What rightly makes this tragedy a crime is a fact that her company, Turner Brothers, refused to support or compensate her for her asbestos illness, which she later died from. This early example teaches us that companies like Turner Brothers were unwilling to recognize asbestosis as something that should be covered by worker’s compensation, and so long as asbestos was not explicitly included as an occupational disease in the Workmen’s Compensation Act, they were determined to deny any guilt or financial responsibility for workers like Nellie.

Eventually, the growing trend of asbestosis and the availability of research in the public domain served as evidence that asbestos was a deadly disease. Thankfully, many courts have held asbestos companies responsible for a breach of their duty of care. These companies had a responsibility to warn their employees of the dangers of asbestos exposure, but whether out of fear, greed, or outright negligence, they failed to do so. 

It is important to note that this legal duty of care can also apply to homes where secondary exposure can occur. If you are aware of the presence of asbestos in your home, those who are exposed could hold you liable if negligence on your part can be proven.

If you worked in an industrial occupation or worksite before 1982, you were likely exposed to asbestos fibers at some point.

Asbestos is highly resistant to heat, pressure and corrosion, so it was used in many products, vehicles and buildings. In particular, many workplaces like factories, refineries, foundries and shipyards involve high amounts of heat, and were built with a lot of asbestos.

Asbestos and Workers Compensation

If you have been exposed to asbestos at work, you may be entitled to worker’s compensation. The good news is, many of these claims can be processed quickly. If approved, these can be used for medical benefits, income, and death. However, there are stipulations and restrictions related to worker’s compensation and asbestos. Because of this, it is sometimes better to pursue different compensation options. Here are a few examples:

Asbestos Lawsuits 

Asbestos lawsuits can include product liability, premises liability, and wrongful death. The compensation for these includes punitive, economic, and non-economic damages. These lawsuits are effective in covering the burden of medical expenses, pain and suffering, and punishment- holding companies liable for negligence.

Even in the case of second-hand exposure, a lawsuit can be filed to hold another party responsible for asbestos-related illnesses. However, because this is not always the fastest option to receive money, there is also the option of receiving compensation through a asbestos trusts. These funds, set aside by companies to pay for asbestos injuries, are often faster ways to receive compensation without the need to file a lawsuit.

Do You Qualify For Compensation?

Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.

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Online Database | W.A.R.D

It’s easy to feel overwhelmed when it comes to asbestos exposure, determining if you qualify for compensation, and even knowing for sure if your or a family member’s workplace can be proven to contain asbestos. To add difficulty to the situation, many worksites or even companies no longer exist. The good news is, the worldwide asbestos research database, W.A.R.D, is a free online tool that can be used to look up specific worksites.

If you are exploring the options of worker’s compensation for yourself or a loved one, remember that you don’t have to bear the burden and stress of figuring everything out. Instead, reach out to the professionals at AsbestosClaims.law. They can help you each step of the way.

AsbestosClaims.Law

For Justinian C. Lane, getting compensation for asbestos victims is personal.

Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.  

At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.

Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones. 

If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.

This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being. 

There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)

If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.

In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.

There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.

If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.

Introducing the largest database of asbestos information on the planet.

W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.

1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.