Asbestos exposure is the leading cause of mesothelioma and other related illnesses. One of the main obstacles in asbestos-related claims is the latency period between exposure and the onset of symptoms, which is prolonged and can range from 20 to 60 years. This delay makes it challenging to identify the specific time and location of exposure. Individuals affected by secondary exposure may have encountered asbestos from various sources, complicating the process of proving liability. A study by The Lung Diseases Journal states that out of all U.S Americans that have been diagnosed with mesothelioma, 30% of it is caused by secondary exposure to asbestos. This blog explores secondary asbestos exposure, how it occurs, the health risks involved, and ways to prevent it. It also covers the legal challenges of filing such a claim and explores strategies for proving exposure, plus the legal options available for victims who want to seek compensation.
Understanding Secondary Asbestos Exposure
Secondary asbestos exposure refers to indirect contact with asbestos fibers. Unlike primary exposure, where workers directly handle asbestos materials, secondary exposure typically occurs when asbestos particles are transported outside of industrial settings.
- Occupational take-home exposure: Family members of workers in high-risk industries such as construction, shipbuilding, and manufacturing are particularly vulnerable.
- Environmental exposure: Individuals living near asbestos mines or processing facilities may be at risk due to environmental contamination.
How It Happens
There are several ways secondary exposure occurs. Asbestos fibers can attach to work attire, personal belongings, and vehicles, allowing them to travel from workplaces to homes. Handling contaminated clothing, laundering work uniforms, or using shared spaces with an exposed worker can introduce asbestos fibers into the household environment. Furthermore, asbestos dust can accumulate in vehicles or personal tools, increasing the risk of prolonged exposure. These indirect pathways make secondary asbestos exposure difficult to detect and prevent.
Health Risks Involved With Secondary Exposure
Even indirect exposure to asbestos can result in severe health complications. Mesothelioma, lung cancer, and asbestosis are among the most common conditions caused by inhaling asbestos fibers. These illnesses often have no immediate symptoms, leading to late-stage diagnoses when treatment options become limited. The risk is particularly high for individuals who experienced prolonged or repeated secondary exposure over many years.
Preventing Secondary Asbestos Exposure
For workers in high-risk industries, preventing secondary exposure is really important, not just for themselves, but for their loved ones too. Employers should provide proper protective gear and make sure workers follow strict decontamination steps, like showering and changing clothes before heading home. Families can also play their part by avoiding contact with contaminated clothing and ensuring hazardous materials are safely disposed of. On top of that, regular medical check-ups can catch any potential health issues early, offering peace of mind and an extra layer of protection.
What Challenges Lie in Filing a Claim?
Establishing liability in secondary asbestos exposure cases presents its own difficulties. Given the extended latency period, tracing exposure back to a specific source requires extensive documentation and investigation. Many individuals may have been exposed through more than one source, making it difficult to narrow down the exact cause of illness. Additionally, companies responsible for asbestos use may no longer even be operational, which complicates legal claims even more. Successful cases rely on compelling evidence, expert testimonies, and detailed occupational histories.
Building a Strong Secondary Asbestos Exposure Claim
To support a claim, individuals must provide substantial proof linking their illness to asbestos exposure. This includes:
- employment records of the primary worker
- testimonies from coworkers and family members
- documentation of asbestos use in the workplace
- medical records demonstrating a direct connection between asbestos exposure and the diagnosed condition are essential
- expert witnesses, such as industrial hygienists or medical professionals, can strengthen the case by providing specialized assessments.
Effective Strategies for Proving Secondary Asbestos Exposure
Legal professionals use different strategies to strengthen claims about secondary asbestos exposure. They might present scientific research showing that secondary exposure can cause diseases like mesothelioma, refer to industry safety standards for asbestos, and show how employers were negligent in protecting the workers. Courts may look into whether companies enforced safety measures, like changing clothes or showering before leaving work to avoid bringing asbestos home. If the company didn’t have these protections in place, it can make it easier to prove they were responsible.
Legal Options for Victims
Victims of secondary asbestos exposure have legal options, including personal injury claims for those diagnosed with asbestos-related diseases and wrongful death claims for families of deceased victims. Holding employers and manufacturers accountable often involves proving negligence, such as inadequate protective measures or failure to warn workers of asbestos risks. Compensation can cover medical expenses, lost wages, and emotional suffering.
Successful Claims of Secondary Asbestos Exposure
A jury awarded $32 million in 2021 in a case where a woman died from mesothelioma due to second-hand asbestos exposure. The woman, who had never worked with asbestos herself, was exposed to it when she came into contact with her husband’s work clothes. He had worked in a job where he regularly handled asbestos, and the fibers carried home on his clothing led to her developing the deadly cancer. The jury found the companies responsible for asbestos exposure were negligent in their duty to protect workers and their families from such risks.
How Shrader & Associates L.L.P. Can Help
Proving secondary asbestos exposure in legal claims is a complex process requiring meticulous evidence gathering and expert analysis. If you or a loved one has been affected by secondary asbestos exposure, choosing an experienced legal professional is crucial. At Shrader & Associates, L.L.P., we are dedicated to advocating for victims of asbestos-related diseases. For more information on how we can assist you, please visit our asbestos exposure practice page.