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Can An Employer Be Liable For Employee Exposure To Asbestos?

What Is Asbestos?

The United States Department of Labor's Occupational Safety and Health Administration (OSHA) defines Asbestos as “the name given to a group of naturally occurring minerals that are resistant to heat and corrosion.” Asbestos has been widely used for a variety of practical applications, including pipe insulation, floor tiles, building materials, and brakes in motor vehicles.

What's So Dangerous About Asbestos?

Many today are aware of the hazardous nature of Asbestos, but the exact dangers this material poses still remains largely unknown to the public. The fibers in Asbestos are so small that they are virtually undetectable with the naked eye. The small size of these fibers makes them very easy to inhale when handling the substance.

Breathing these fibers potentially results in a gradual buildup of scar-like tissue in the lungs known as “asbestosis.” Eventually, this could lead to a loss of lung function that commonly progresses to disability and death.

Another commonly known side effect of unsafe Asbestos exposure is cancer of the lung. This specific type of cancer, widely referred to as mesothelioma of the pleura, is a fatal malignant tumor of the membrane lining the cavity of the lung or stomach. There is ample epidemiologic evidence to substantiate the theory that all types of asbestos fiber types cause mesothelioma in humans.

According to the Mesothelioma & Asbestos Awareness Center, workers likely to be exposed to Asbestos include those in the following industries:

  • Manufacturing (e.g. textile, friction product, and insulation manufacturing)
  • Automotive (e.g. brake and clutch work)
  • Construction (e.g. carpenters, welders)
  • Engineering (e.g. mechanical or nuclear engineers)
  • Firefighting (including EMTs/Paramedics)
  • Hairdressing (e.g. Cosmetologists, Estheticians)
  • Military (e.g. Marines, Army soldiers)

Why Does This Matter For My Workers' Compensation Claim?

Each year, thousands of people are diagnosed with mesothelioma and other asbestos-related diseases. The Mesothelioma Center states that “most cases of asbestos exposure stem from occupational exposure.” Thanks to Asbestos liability, it is often possible to hold those who exposed people to asbestos liable for any harm caused.

Asbestos Liability means a company is legally responsible for injuries resulting from asbestos exposure. If a court finds a company liable for injuries caused by asbestos exposure, the company usually must pay monetary damages.

A majority of Americans who were injured on the job must depend on legal claims to pusue mesothelioma compensation. This is due to the fact that the United States does not have a centralized asbestos compensation program, nor does it have universal health care. This is why seeking the guidance of an experienced attorney is by far the most effective way of determining if you have a claim.

Call Napolin Accident Injury Lawyer Today

Asbestos exposure is just one common cause of work related injuries among many. You need an attorney who has the experience and knowledge necessary to obtain your fair settlement. Filing a case and obtaining a settlement can be daunting task to say the least. That is why getting the right help is of utmost importance.

What does it mean to get the ‘right help'? It means receiving expert advice, medical treatment and damage recovery. An experienced southern California attorney will do exactly that for you. Our legal team is equipped to help you recover all your damages, financial, medical, and emotional. Call us today to schedule your free consultation.

Alexander D. Napolin, Esq.