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Who is Liable for Illnesses Caused by Asbestos Exposure? | RMS Law | rms.law

Who is Liable for Illnesses Caused by Asbestos Exposure?

According to The Mesothelioma Center, asbestos exposure can lead to deadly health risks such as lung cancer and mesothelioma. It is a microscopic fiber commonly found in insulation, floor tiles, and other building materials.

Asbestos-related diseases are often prevalent in construction workers who are heavily exposed to the inhalation of the chemical when they are doing renovations, repairs, or demolitions. The law also mandates that employers adequately protect workers to prevent health risks associated with asbestos exposure.

What are the illnesses caused by asbestos exposure?

There are two types of diseases caused by exposure to asbestos. These include benign and non-malignant, or cancerous diseases. Malignant conditions include mesothelioma and lung cancer, ovarian, pharyngeal cancer, stomach cancer, colon cancer, and laryngeal cancers. The non-malignant asbestos-related diseases include COPD, pleural thickening, pleural plaques, pleural effusion, and atelectasis.

Personal Injury Cases Resulting from Asbestos

Employers in a majority of the states are duty-bound to protect workers against the harms of asbestos. OSHA regulations, in particular, require employers to continually monitor air quality for traces of asbestos. Where the levels are too high to present substantial risks, the employer must protect workers or evacuate them to safety.

Essentially, personal injury cases resulting from asbestos exposure can either be handled as a negligence case or product liability theory:

Claims Based on Negligence

A negligence case occurs when an employer has a breach or failure to protect a worker from asbestos exposure. The breach could include:

  • Failure to monitor asbestos levels in the air as mandated by OSHA regulations.
  • Failure to install ventilation systems that reduce asbestos levels in enclosed spaces.
  • Failure to equip workers with personal monitoring devices.
  • Failure to limit the time on worker exposure to asbestos-filled air.

In a negligence case, the most common types of damages include medical expenses, pain and suffering, loss of ordinary life, and lost wages.

Product Liability Claims

This is a personal injury claim that is brought against the manufacturer of products that has asbestos. The case can also be brought against a manufacturer of safety equipment designed to protect workers from asbestos exposure but did not function as intended.

Who is Liable for Asbestos Exposure?

Determining who is liable for illnesses caused by asbestos can be a complicated process. Several companies and entities could be liable for a single person’s asbestos-related injuries in just a single case. These companies and entities could include:

  • Mining corporations
  • Companies that use asbestos-containing products
  • Manufacturers of asbestos and similar products
  • Owners of asbestos-contaminated properties

If you are battling an asbestos-related injury and looking for a long-term disability lawyer in Philadelphia to help you navigate your claim, contact Rosen Moss Snyder LLP. We are leading long term disability claim lawyers in Philadelphia, PA, New Jersey, Delaware, and the surrounding regions, working tirelessly for people struggling with a medical condition or injury that leaves them unable to work. We handle short- and long-term disability cases while approaching each case with the preparation and tenacity our clients deserve. Contact us now to learn more about what we can do for you or your loved one!

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