Merchant Marines who have been diagnosed with mesothelioma can gain compensation via lawsuits against manufacturers and employers, as well as trust fund claims against negligent, bankrupt companies. Working with an attorney can help you prove the link between your exposure and your time in the Merchant Marines. These claims are not made against the government or the U.S. military.
The number of diagnoses for mesothelioma in Merchant Marines has dramatically increased over the past 15 years, as the disease’s delayed symptoms (of 10 to 50 years) become apparent.
One study of over 3,300 merchant seamen found that one-third showed abnormalities in the lung lining where mesothelioma develops. This sadly comes as no surprise, given the widespread use of asbestos-containing products amongst Merchant Marine vessels since the 1930s.
The Merchant Marines is a civilian fleet that carries imports and exports during peacetime, but it becomes an auxiliary branch of the Navy during wartime, delivering troops, munitions, and supplies. During World War II, the U.S. Government determined what cargo was carried as well as the fleet’s destinations.
The Government contracted private companies to operate the ships, arming them with guns and putting Navy personnel on board. It also trained the civilian men on board these ships to assist in manning the guns.
Thanks to the Jones Act, Merchant Marines with a mesothelioma diagnosis have the right to file lawsuits against companies that knew about asbestos’s risks.
In this guide, we’ll explain your legal options. We welcome you to contact our Mesothelioma Merchant Mariner attorneys today for a free consultation.
How Merchant Marines Were Exposed to Asbestos
Throughout the 20th century, Merchant Marine vessels used asbestos-containing materials due to their insulating and fire-resistant qualities. It wasn’t until the 1980s that laws began to stop its use, but by then the damage had been done.
Asbestos fibres spread through the air and were inhaled into the lungs of unsuspecting Merchant Marines. Many Merchant Marines would have been either working directly with products containing asbestos or inhaling its fibres as bystanders, while work was being done on the ship and around the docks.
Merchant Marines with mesothelioma often worked around:
- Insulation on boilers, steam pipes, and engine components
- Gaskets, packing materials, valves
- Floor and ceiling tiles in mess halls and sleeping quarters
- Pipe coverings
- Fireproofing materials
- Adhesives and sealants
High-Risk Jobs Aboard Merchant Marine Vessel
Along with engine room workers, heavy asbestos exposure was found in the following jobs:
Engine-Room Workers
A study into the health of lung lining, by the Mount Sinai School of Medicine, stated that engine room workers had the highest rate of 42.% of abnormalities. This is likely due to its cramped, unventilated, and intense conditions, with constant disturbance of the asbestos materials.
Asbestos was used in engine rooms for insulation on boilers, pipes, turbines, and exhaust manifolds.
Boiler Room Operators
Boiler room firemen and operators handled steam lines, lagging, and firebrick, which contained or were wrapped in asbestos. Fibres became airborne on a daily basis as they were moved.
Mechanics and Pipefitters
Mechanics and pipefitters, both on ships and in docks, were exposed to asbestos in gaskets, packing, and valves. The fibers were released during grinding, welding, and cutting of materials.
Electricians
Asbestos’s fire-resistant qualities made it ideal for electrical components, wiring, panels, and conduits in engine rooms where dust would build up. Electricians were often working without any protective gear, breathing in fibers regularly.
Welders
Welders were constantly cutting through asbestos-covered bulkheads, pipes, and decks during maintenance, leaving them very vulnerable to mesothelioma.
Deck Crew and Stewards
Many Merchant Marine seamen’s mesothelioma cases even include crew who were exposed via cargo handling or in mess halls that contained ACMs. There’s also the potential that the crew was exposed to fibers as bystanders, or via fibers carried about my other departments.
Warning Signs of Mesothelioma in Merchant Marines
Mesothelioma is a rare pleural (lung lining) cancer that is caused by inhaling asbestos fibers. In the case of Merchant Marines with mesothelioma, the fibers became embedded in the lung or abdominal lining over time.
The damage, however, takes around 10 to 50 years to produce mesothelioma tumors. So, many veterans and mariners remain unaware of its toll until it truly hits.
If you or a loved one were a Merchant Marine and notice shortness of breath, chest pain, a persistent cough, unexplained weight loss, and fatigue, then it is worth speaking to a doctor to receive treatment as soon as possible. In particular, you should inform the doctor of your maritime service, which likely included asbestos exposure.
Read related: How Mesothelioma is diagnosed.
Compensation Options for Merchant Marines with Mesothelioma:
Merchant Marines with mesothelioma deserve compensation. This can be pursued via the following options (note that pursuing one does not affect or disqualify another):
Jones Act Claims
The Merchant Marine Act of 1920 (Jones Act) allows injured seamen to sue employers for asbestos-related negligence. This is different from the ‘No Feres’ doctrine, which blocks Navy Veterans from suing the U.S. Government for service-related injuries.
For example, if you worked on a ship that exposed you to asbestos, and the employer knew of the risks, then you can sue them.
To succeed, your claim must prove your seaman status, employer negligence, and display a link from the exposure to your mesothelioma diagnosis.
Asebtsos Trust Fund Claims
Many Merchant Marines think they can’t pursue a settlement because the negligent company has since gone bankrupt.
Thankfully, laws were created to ensure victims still have a chance for compensation despite that, via Asbestos Trust Funds.
These trust funds were set up in the 1980s specifically to secure funds for victims when manufacturers went bankrupt. There is no courtroom required, with claims filed directly with the trusts.
You can also file multiple claims if you were exposed to products from different manufacturers.
Personal Injury Lawsuits Against Manufacturers
Merchant Marines with mesothelioma can also file lawsuits against the manufacturers of asbestos products that were used on merchant vessels.
Many of these companies knew the risks of asbestos as far back as the 1930s, yet continued to sell and supply shipping companies anyway.
An asbestos attorney will work to uncover evidence that links your time as a marine merchant to the sale of dangerous products and show how that links to your diagnosis.
Wrongful Death Lawsuits
Surviving family members of Merchant Marines who passed away with an asbestos-related disease can also recover compensation via a wrongful death lawsuit.
Wrongful death claims are a type of mesothelioma claim for family members filed against the at-fault party, such as a manufacturer. They can cover expenses related to the death, including lost financial support, medical bills, and funeral and burial expenses.
How Shrader & Associates Can Help
Shrader & Associates specializes in asbestos exposure claims and has experience with Merchant Marines’ seamen mesothelioma claims.
Our expertise can help guide you or a loved one to make a claim for the compensation you deserve, either through a lawsuit or a claim with a trust fund.
Our resources and extensive database on asbestos exposure allow us to build very strong cases from many decades ago, uncovering documentation and evidence that can prove critical to identifying which products you were exposed to.
We welcome you to contact our team today for a free case evaluation.
FAQs on Mesothelioma and Merchant Marines
Were Merchant Marines exposed to asbestos?
Yes. Merchant Marines were exposed to asbestos on ships throughout the 20th century, including bystanders and deck crews. Engine and boiler room workers were the most at risk of mesothelioma.
Can Merchant Marines get VA benefits for mesothelioma?
No. VA eligibility for Merchant Marines is extremely limited to WWII-era Merchant Marines, who served on specific War Shipping Administration vessels. If you or a loved one needs further assistance, please feel free to contact us so we can help guide you through your options.
What is the Jones Act, and how does it apply to mesothelioma?
The Jones Act is a federal maritime law that allows injured seamen to have civilian rights, allowing them to sue their employers for negligence.