In certain workplaces, like constructions sites, it’s easy to be exposed to dangerous substances. While all chemical exposure is serious, one of the deadliest substances a construction worker could be exposed to is asbestos.
Asbestos has been definitively linked to a deadly form of cancer known as mesothelioma, which often results from prolonged exposure to this dangerous substance. If you’ve been exposed to asbestos while on the job and have suffered serious consequences, you might be wondering about your legal options. Discover what happens after workplace asbestos exposure, and learn why it’s a good idea to consult a mesothelioma lawyer about your potential lawsuit.
ASBESTOS: HOW EXPOSURE OCCURS
Before scientists learned of the deadly properties of asbestos, this substance was commonly used to construct building materials like insulation and floor tiles. For this reason, many older buildings are filled with asbestos. When your construction job requires you to work in these older buildings, it is extremely easy to be exposed to asbestos, especially if your employer doesn’t take the right precautions.
After experiencing prolonged exposure to asbestos, it’s possible to suffer from multiple conditions, including mesothelioma, which is a type of cancer that affects the stomach and lungs. It is also possible to suffer from asbestosis, a lung-scarring condition that results from breathing asbestos microfibers.
OPTIONS FOR FILING A PERSONAL INJURY LAWSUIT
If you’ve been diagnosed with an illness that was caused by exposure to asbestos, you have two options for filing a personal injury lawsuit.
Negligence Claim
Your first option would be a claim based on negligence. With a negligence claim, you are attempting to prove that your employer was responsible for protecting you from asbestos, that they failed to do so and that this failure caused you measurable harm. Employers are required to follow OSHA regulations for worker safety. This includes providing safety equipment and monitoring the asbestos levels in the air.
If you can prove that your employer did not follow proper asbestos safety rules, you can file a personal injury lawsuit based on negligence and may receive damages for medical expenses and lost wages.
Product Liability Claim
The second option for a lawsuit after asbestos exposure is to file a product liability claim against the manufacturer of your safety equipment. For instance, if the safety equipment provided by your employer failed to filter the asbestos from the air, and this failure was caused by a manufacturing defect, it may be possible to sue the product’s manufacturer.
Whichever type of claim that you choose, you should be aware that you will need to prove that your cancer or other illness was caused by the asbestos exposure. If, for example, the defendant can prove you are a long-time smoker, this may indicate your cancer is related to smoking and not asbestos. Before filing suit, you should consult a mesothelioma lawyer about the type of evidence you will need to prove your case.
FIND A MESOTHELIOMA LAWYER
If you’re planning to file a personal injury suit after being exposed to asbestos on the job, you need the advice of a mesothelioma lawyer from The Bandas Law Firm, PC. Our attorneys understand how complicated cases involving asbestos can be, and we’re ready to help you plan an effective lawsuit.
Learn more about our services and find out how working with the Bandas Law Firm is the right decisions for your lawsuit.
