If you’ve been diagnosed with mesothelioma or another asbestos-related illness and suspect that your employer failed to inform you about asbestos exposure risks, it’s crucial to understand your rights and the steps you can take. Employers are legally obligated to protect workers from hazardous substances like asbestos. Failure to do so can constitute negligence, potentially entitling you to compensation.
In this blog, we’ll walk you through everything you need to know if you were unknowingly exposed to asbestos at work. We’ll cover:
- How asbestos exposure happens in the workplace and which industries are most at risk
- Your employer’s legal responsibilities under OSHA regulations
- Signs and symptoms of asbestos-related illnesses like mesothelioma
- The immediate steps you should take after a diagnosis
- Legal options available if your employer failed to warn you—including filing a personal injury claim
- How Shrader & Associates, L.L.P. can help you navigate the legal process and fight for compensation
This information is designed to help you understand your rights and empower you to take action. This information is for educational purposes only and does not constitute legal advice. Let’s begin.
Understanding Asbestos Exposure in the Workplace
Asbestos is a naturally occurring mineral once widely used in construction, manufacturing and other industries for its heat resistance and durability. When asbestos-containing materials are disturbed, they can release microscopic fibers into the air, which, when inhaled, can lead to serious health issues.
High-Risk Industries and Job Roles
Certain occupations have historically faced higher risks of asbestos exposure, including:
- Construction workers
- Shipyard workers
- Electricians
- Plumbers
- Insulators
- Boilermakers
- Veterans, particularly those who served in the Navy
These professions often involved working with or around asbestos-containing materials, sometimes without adequate protective measures.
Common Asbestos-Containing Materials
Asbestos was commonly found in:
- Insulation materials
- Floor and ceiling tiles
- Cement products
- Brake linings and clutch pads
- Fireproofing materials
Even today, older buildings and equipment may still contain asbestos, posing ongoing risks during renovations or repairs.
Your Employer’s Legal Obligation to Inform and Protect
Under the Occupational Safety and Health Administration (OSHA) regulations, employers are required to:
- Identify and assess asbestos hazards
- Inform and train employees about asbestos risks
- Provide appropriate protective equipment
- Implement control measures to minimize exposure
- Conduct regular monitoring and medical surveillance
Failure to adhere to these standards can be considered negligence. Employers must also maintain records of exposure assessments and training provided to employees.
Signs and Symptoms of Asbestos-Related Illnesses
Asbestos-related diseases often take decades to develop after the initial exposure. Recognizing the early signs can make a significant difference in diagnosis and treatment outcomes. If you’ve worked in an environment where asbestos may have been present, it’s important to understand what to watch for.
Mesothelioma
Mesothelioma is a rare and aggressive cancer caused almost exclusively by asbestos exposure. It typically affects the lining of the lungs (pleural mesothelioma) but can also develop in the abdomen, heart, or testicles.
Common symptoms include: Chest pain or tightness, difficulty breathing, fatigue and unexplained weight loss, persistent cough. These symptoms often resemble less serious conditions, which is why mesothelioma can go undiagnosed until it’s in an advanced stage.
Asbestosis
Asbestosis is a chronic lung disease that occurs when inhaled asbestos fibers cause lung tissue scarring. It is not cancerous, but it can be severely debilitating.
Key signs of asbestosis include: Shortness of breath, especially during physical activity, persistent dry cough, chest discomfort, clubbing of fingers. Asbestosis can increase the risk of developing other respiratory conditions, including lung cancer.
Lung Cancer
Asbestos exposure can also lead to lung cancer, particularly among workers who smoked while being exposed. Unlike mesothelioma, lung cancer can be caused by a variety of factors, but asbestos significantly increases the risk.
Symptoms to look out for: A chronic, worsening cough, coughing up blood, hoarseness, repeated respiratory infections.
The earlier these diseases are diagnosed, the more options are available for treatment and symptom management. Many asbestos-related conditions are not curable, but early intervention can help extend life expectancy and improve quality of life.
If you’ve experienced any of the symptoms mentioned above and have a history of working around asbestos—especially if your employer never warned you of the risks—schedule a medical evaluation with a specialist. Be sure to mention your occupational history and any known exposure events.
What You Should Do If You’ve Been Exposed
Get Medical Attention
If you suspect exposure, see a doctor—even if you feel fine. Early detection of mesothelioma or other asbestos-related diseases can improve outcomes and provide critical medical documentation for any legal claim.
Gather Your Records
Document your work history, especially jobs where asbestos exposure may have occurred. Note your job roles, locations and dates. Keep all medical records, test results and diagnoses organized.
Talk to Former Coworkers
Others may have shared your exposure. Speaking with them can help confirm unsafe conditions and support your legal case.
Don’t Sign Anything Yet
If you’re offered a settlement by your employer or their insurer, don’t sign before speaking with an attorney. These offers may limit your rights to full compensation.
Legal Options If Your Employer Failed to Warn You
Filing a Lawsuit
If your employer neglected to inform you about asbestos risks, you might be eligible to file a personal injury lawsuit. Choosing the right attorney is important as such claims can seek compensation for medical expenses, lost wages and pain and suffering.
Asbestos Trust Funds
Many companies have established trust funds to compensate victims of asbestos exposure. An experienced attorney can help determine your eligibility and guide you through the claims process.
Statute of Limitations
Time limits for filing asbestos-related claims vary by state. It’s crucial to act promptly to preserve your legal rights.
How Shrader & Associates, L.L.P. Can Help You Seek Justice
At Shrader & Associates, L.L.P., we specialize in representing individuals affected by asbestos exposure. Our dedicated team offers:
- Personalized Legal Support: Tailored strategies to fit your unique circumstances.
- Nationwide Representation: Serving clients across the country.
- No Upfront Fees: We operate on a contingency basis—you pay nothing unless we win your case.
Discovering that your employer failed to warn you about asbestos risks can be distressing, especially when facing a serious health diagnosis. Understanding your rights and taking prompt action is essential. Shrader & Associates, L.L.P. is here to provide the legal support and guidance you need during this challenging time. Contact us today for a free consultation and take the first step toward justice.