If you work in construction, then you are likely exposed to hazards every single day. However, there is one hazard that you might not be aware of: asbestos. Long-term asbestos exposure can result in major consequences, including a deadly form of cancer known as mesothelioma. Because of the large risk that asbestos poses, your employer is required to protect you from prolonged exposure, and failure to do so may be grounds for a lawsuit.
If your health has been impacted due to asbestos exposure and you’re considering either a lawsuit or workers’ comp claim, it’s important that you learn more about the dangers of asbestos and your legal options. Learn what you should do after being exposed to asbestos in the workplace and find out the benefits of working with a workers’ comp lawyer.
The Risk of Asbestos
The reason that asbestos poses such a large risk is that it had, at one time, widespread usage in a variety of products. Asbestos was used to produce such common construction items such as insulation, floor tiles and much, much more. This means it’s very easy for construction workers to be exposed to asbestos when they are working on older buildings.
When a person breathes in air that contains asbestos fibers, it can result in lasting consequences. The main risk, as mentioned, is developing mesothelioma, which is a cancer of both the lungs and stomach. It may also be possible to develop a condition called asbestosis, which causes scar tissues to develop in the lungs.
Choosing the Right Type of Liability Claim
Since asbestos is such a dangerous material, OSHA requires employers to monitor asbestos levels in the air in order to limit employee exposure. If asbestos levels reach a certain level, employees must be allowed to stop working or be provided with protective equipment.
When an employer fails to monitor asbestos levels, doesn’t ensure proper ventilation or ignores the need for protective gear, you might have grounds for a negligence claim. If you choose a negligence claim, you will need to prove that your employer ignored their responsibility to keep you safe and that this led to an asbestos related injury.
It is possible for an employee to be exposed to asbestos due to defective safety equipment. In these cases, the liable party is the producer of the faulty equipment and not your employer. Filing a lawsuit against the manufacturer of your safety equipment is considered a product liability claim. To win this claim, you will need to prove that the defect in your protective gear was the primary cause of your asbestos exposure.
Whichever type of liability claim you choose, you will need to prove that your injuries stem from asbestos exposure and not some other cause. Long-term smoking, for instance, can cause cancer that is similar to the cancers caused by asbestos. Make sure your condition is examined by a doctor so that you have proof of the damage you’ve suffered from asbestos exposure.
Work with a Workers’ Comp Lawyer
The best way to handle a personal injury lawsuit after asbestos exposure is by hiring a workers’ comp lawyer from Lowry & Associates. Our lawyers are very knowledgeable about injuries in the workplace, and we can help you plan your lawsuit after you’ve been damaged by prolonged exposure to asbestos.