Asbestos Related Diseases and Legal Compensation

WHO WAS EXPOSED TO ASBESTOS?

It is estimated that more than 21 million Americans have had significant past exposure to asbestos. Most of these people were exposed to asbestos fibers released into the air during their work with or around asbestos containing products while on the jobsite before the mid-1970's.

The workers who probably have had significant asbestos exposure in the past include those who were employed in the following trades:

Aluminum Plant Workers

Boilermakers

Bricklayers

Building Trades

Carpenters

Chemical Workers

Construction Workers

Electricians

Foundry Workers

Insulators

Laborers

Machinists

Maintenance Workers

Millwrights

Navy Personnel

Painters

Paperworkers

Pipefitters

Plasterers

Plumbers

Refinery Workers

Sheetmetal Workers

Shipyard Workers

Steelworkers

Welders

Besides workers in these trades, people at risk for asbestos exposure include the family members who handled or washed the clothes of workers exposed to asbestos.

WHAT DISEASES ARE ASBESTOS-RELATED?

The most common asbestos-related diseases are asbestosis, lung cancer, and mesothelioma. Asbestos can also cause various cancers of the throat, including cancer of the larynx or voice box, cancer of the esophagus, and cancer of the pharynx.

ASBESTOS DISEASES TAKE DECADES TO DEVELOP

Another very important characteristic of asbestos-related diseases in the long delay, or latency period, between initial asbestos exposure and the onset of disease. It is usually at least 20-30 years after the first exposure to asbestos until an asbestos-related disease develops. Therefore, even though the number of products that contain asbestos was greatly reduced in the mid-1970's, asbestos-related diseases will continue to be diagnosed for several decades.

Only a medical doctor can accurately determine whether a person has developed a disease caused by exposure to asbestos. If you think that you may have or have had lung cancer, mesothelioma, laryngeal, or esophageal cancer, it may well be because of past exposure to asbestos.

To assist you with identifying a possible asbestos-related disease, here are some basic facts about the most common asbestos cancers, lung cancer, mesothelioma and the various throat cancers:

LUNG CANCER

Due to the latency period for lung cancer, most cases are diagnosed 25 to 40 years following the worker's first exposure to asbestos. Workers who smoked and have significant asbestos exposure are 90 times more likely to develop this disease.

The symptoms of asbestos-related lung cancer are progressive weakness, weight loss, fatigue, and coughing or spitting of blood, i.e., hemoptysis.

MESOTHELIOMA

For mesothelioma, the latency period between the asbestos exposure and the start of this severe fatal disease is at least 20 years and sometimes as long as 50 years. Cigarette smoking does not contribute to cause this disease.

Shortness of breath, ("wheezing") and chest pain are the most important initial symptoms. In addition, dry cough, malaise, and weight loss may occur.

THROAT CANCER

Several cancers that develop in the throat and neck area are known to be caused by asbestos exposure. This is the result of toxic asbestos fibers being deposited in the vicinity of the throat and wind pipe. These cancers include laryngeal cancer (voice box), pharyngeal cancer and esophageal cancer. These types of cancers can sometimes be effectively treated, but often result in damage to the voice box, causing victims great difficulty in communicating with others.

WHY IS SMOKING ESPECIALLY DANGEROUS?

According to the U. S. Surgeon General's report in 1985, the combination of asbestos exposure and cigarette smoking is very harmful. A worker's chance of developing lung cancer is increased approximately 5 times when there has been asbestos exposure but the worker does not smoke cigarettes. The risk of developing lung cancer is increased by approximately 10 times if a worker smokes cigarettes but was not exposed to asbestos.

Where there is asbestos exposure and cigarette smoking combined, however, a worker's risk of developing lung cancer is increased as much as 90 times. There is evidence that quitting smoking may reduce the risk of lung cancer among asbestos-exposed workers. If you presently smoke, we strongly urge you to quit IMMEDIATELY.

HOW ARE WORKERS AND THEIR FAMILIES ENTITLED TO LEGAL COMPENSATION FOR ASBESTOS DISEASE OR DEATH?

The evidence shows that many asbestos manufacturers knew their products would injure and kill people as early as the 1940's, but many of these companies actively conspired to hide this information in order to keep selling their products. As a result, asbestos manufacturers are now being held legally responsible for damages in connection with the asbestos-related diseases and deaths suffered by workers and their families.

The usual method of seeking legal compensation for disease or death caused by asbestos exposure is filing a lawsuit against manufacturers of the asbestos containing products.

Under Texas law, there are statutes of limitation that determine the time period within which one may file a lawsuit for legal compensation. Generally, a personal injury lawsuit must be filed no later than two years from the date the family knew or had reason to know that asbestos was a cause of injury or death.

Because of these time limitations, one should not delay in finding a law firm to provide legal representation when there is a possible claim for compensation.