Can I Sue My Employer for Asbestos Exposure?
While manufacturers stopped using asbestos in the 1970’s, many older products still contain these harmful materials. Certain industries, such as construction, mining, shipbuilding, heating and cooling, and roofing, still use these products. The longer someone is around these materials containing asbestos, the higher their chances are of developing mesothelioma, asbestosis, laryngeal cancer and ovarian cancer.
If you work with or around significant amounts of asbestos, you should talk to your supervisor about any potential health risks and what they are doing to minimize these risks. The Occupational Safety and Health Administration (OSHA) helps regulate and monitor asbestos exposure by setting exposure limits. If your job involves asbestos, there’s a good chance your employer is legally required to protect you. Your employer may be obligated to provide properly ventilated workspaces, protective clothing and equipment, and medical examinations.
If an employer fails to provide the legally required protection from asbestos exposure, and it results in an injury, a victim may be able to file a lawsuit against one (or all) of the following:
- The manufacturer of the asbestos or defective protective equipment
- Owners of the premises where the work was being performed
- Contractors involved in the work being performed
It should be noted that workers’ compensation may be an exclusive remedy for compensation, even when an employer fails to properly protect workers from asbestos exposure. In some cases, an asbestos victim compensation fund may already be in place, making the financial recovery process quick.
If you or a loved one is suffering from an asbestos-related illness, please contact our Orange County workers’ comp attorneys at Alvandi Law Group, P.C. today. We can assist you with your workers’ compensation claim to cover all the necessary medical treatments, as well as give you a percentage of your weekly wages while you are out of work.
Call (800) 980-6905 or contact us online to arrange a free consultation.