
The Legal Team
- John A. Baden IV
- Frederick C. Baker
- Louis M. Bograd
- Meredith Kay Clark
- Elizabeth Cooke Elsner
- Nathan D. Finch
- Rebecca A. Fonseca
- Vincent L. Greene IV
- Andrew D. Harris
- Robert C. "Trey" Henderson III
- Kristen M. Hermiz
- Ashley J. Hornstein
- T. David Hoyle
- John D. Hurst
- Shalom D. Jacks
- James W. Ledlie
- Tope O. Leyimu
- P. Graham Maiden
- Robert J. McConnell
- Donald A. Migliori
- Andrew W. Patterson
- Joseph F. Rice
- Michael G. Rousseau
- Jacob R. Stout
- M. Nolan Webb
Case Overview
Occupational asbestos exposure increases the risk of developing an asbestos-related illness, such as asbestosis, lung cancer or mesothelioma. These conditions do not develop until years or even decades after exposure. Injured workers may qualify for compensation for their medical treatment, lost wages and more.
Key takeaways about occupational asbestos exposure
- Asbestos is a fibrous mineral found in rocks and soil. Because it is naturally heat-resistant, it was once widely used in many products and industrial applications. Most new uses of asbestos were banned in 1989 because of human health concerns.
- Occupational asbestos exposure is linked to the development of asbestosis, lung cancer and mesothelioma. Some of the most at-risk occupations include construction workers, factory workers, mechanics and others who come into contact with the mineral during renovations, remodels, demolitions and repairs.
- Injured workers who sustained occupational asbestos exposure may have a claim for compensation. Motley Rice attorneys have extensive experience with asbestos litigation. We can speak with you about your rights and legal options.
What is occupational asbestos exposure?
Occupational asbestos exposure is asbestos exposure in the workplace. Occupational exposure occurs when workers repeatedly come into contact with the fibrous mineral in their work environment.
Because asbestos fibers are naturally heat and fire-resistant, asbestos was once commonly used in the manufacturing and construction industries and for military applications. The Environmental Protection Agency (EPA) banned most new uses of asbestos in 1989 because of human health concerns.
Three significant health effects associated with asbestos exposure include:
- Asbestosis: Asbestosis is a chronic lung disease caused by inhaling asbestos fibers. It can cause a persistent and dry cough, shortness of breath, chest pain and crackling sounds in the lungs when you inhale. Symptoms of asbestosis may not develop until 10 to 40 years after asbestos exposure in the workplace.
- Lung cancer: Studies link the inhalation of asbestos fibers with an increased risk of lung cancer. Most cases of lung cancer in asbestos workers develop 10-plus years after their initial exposure.
- Mesothelioma: Malignant mesothelioma is an aggressive and fatal form of cancer. It causes tumor growth in the thin layer of tissue that surrounds many internal organs, called the mesothelium. The most common type of mesothelioma is pleural mesothelioma. It affects the linings around the lungs. Mesothelioma may take 15 to 40+ years after asbestos exposure to develop.
What jobs are most at risk for asbestos exposure?
According to the Centers for Disease Control and Prevention (CDC), an estimated 27 million American workers were occupationally exposed to asbestos between 1940 and 1979. Today, the highest risk of occupational asbestos exposure occurs during the repair, renovation, removal or maintenance of products and materials containing asbestos.
High-risk occupations include:
- Construction workers: Construction industry workers risk occupational exposure when they handle building materials containing asbestos. This is especially true for workers who install or remove insulation or are involved in demolition, roofing or pipefitting. The risk of asbestos exposure is particularly high in older homes.
- Electricians and plumbers: Electricians and plumbers can be exposed to workplace asbestos in walls, ceilings and pipe coatings.
- Factory workers: Factory workers can come into contact with asbestos in industrial machinery and heat-resistant materials, especially in textile and chemical plants. Refineries and factories that manufacture steel, sand and abrasives may also contain asbestos.
- Mechanics: Asbestos was commonly used in automotive products, particularly brake pads, clutches and gaskets. Mechanics may come into contact with asbestos dust when repairing older vehicles.
- Military personnel: Military personnel, especially members of the U.S. Navy, risk of asbestos exposure when they work on ships, particularly those built before the 1980s.
- Shipyard workers: Shipbuilders, shipyard workers and workers who labor in engine rooms and boiler rooms can be exposed to asbestos. Often, exposure occurs in confined spaces with extensive asbestos insulation.
Where can asbestos be found in the workplace?
Workers can encounter asbestos in many aspects of a workplace, including:
- Building materials: Before being banned, asbestos was used in numerous building materials. These materials included roofing and siding shingles, ceiling and floor tiles, textured paint, plaster and vinyl flooring adhesives.
- Fireproofing and soundproofing: Asbestos was commonly used in cement sheets and millboard in walls and flooring around furnaces and wood-burning stoves. It was also used to insulate industrial machinery. Asbestos coatings were also sprayed on walls and ceilings for soundproofing.
- Insulation materials: Asbestos was used for insulation in attics, roofs and walls. It was also used to insulate furnaces and boilers. Hot water and steam pipes may be wrapped in asbestos insulation or tape.
- Protective equipment: Older fireproof gloves and heat-resistant protective clothing may have contained asbestos.
Protections for asbestos exposure in the workplace
To reduce asbestos hazards in the workplace, the Occupational Safety and Health Administration (OSHA) has set specific standards for general industry, maritime and construction. These standards include:
- Asbestos removal and storage regulations
- Employee notification requirements for workplace asbestos exposure
- Establishment of exposure monitoring systems
- Establishment of Permissible Exposure Limits (PELs)
- Implementation of compliance programs
- Mandatory use of protective gear, such as respirators
- Mandatory use of ventilation and dust-collection systems
OSHA standards also include decontamination procedures to protect the families of asbestos workers from household exposure. Family members can be at risk of asbestos-related diseases if a worker carries asbestos fibers home on their body or clothing.
How to report asbestos in the workplace
If you believe your employer has not informed you about asbestos in your workplace or is not complying with OSHA standards, you can report it. You can notify OSHA by filing a confidential Safety and Health Complaint. It is illegal for your employer to retaliate against you for doing so.
If your employer failed to warn you about occupational asbestos or did not comply with OSHA standards intended to protect you, you may have grounds for an asbestos lawsuit. A Motley Rice attorney can speak with you about taking legal action.
What to do if you were exposed to asbestos at work
There is no “safe” level of asbestos exposure. Any workplace contact with asbestos fibers can cause injury or increase the risk of an asbestos-related disease. If you were exposed to asbestos at work, you should:
- Document your exposure: Try to identify and record the products and work environments that exposed you to asbestos. In addition, identify the timeframes of exposure. This includes when the initial exposure occurred and the duration of the exposure.
- Get regular medical screenings: Early detection is key for managing asbestos-related diseases. Get regular medical screenings to test for asbestosis, lung cancer and mesothelioma.
- Speak with a lawyer: If you or your loved one became ill because of occupational asbestos exposure, you may be eligible for compensation through legal claims or asbestos settlement funds.
Motley Rice asbestos litigation
Motley Rice attorneys have more than three decades of experience litigating asbestos exposure cases. This experience includes work on the following:
- The 9/11 Victim Compensation Fund: Motley Rice has helped 9/11 workers and volunteers seek compensation through the 9/11 Victim Compensation Fund. This fund is for injuries related to the attacks, including illnesses caused by exposure to asbestos and other harmful dust at the World Trade Center.
- The Canadian Asbestos Council: Our asbestos attorneys have served as U.S. legal counsel for Canadian provincial workers’ compensation boards since 1987. We have helped Canadians seek legal recoveries from non-employer third parties in the U.S. who may be liable for a Canadian employee’s occupational asbestos exposure.
- Federal Employers Liability Act (FELA) claims: Motley Rice has represented railroad workers in litigation against railroad corporations regarding asbestos exposure. We also assist with claims covered by FELA laws.
- Maritime Asbestos Cases brought under the Jones Act: Motley Rice has represented employees in litigation against their employers in the maritime industry.
- Travelers Co. asbestos-related settlements: Our lawyers have secured settlements for plaintiffs in litigation against Johns-Manville, Travelers Co. and other asbestos-product manufacturers. The plaintiffs alleged that these companies knew or should have known about the dangers of asbestos and exposed workers anyway.
- West Virginia asbestos exposure claims: For over 40 years, our attorneys have worked closely with West Virginians exposed to asbestos at industrial plants located across the state.
- Rhode Island asbestos exposure claims: For over 35 years, our attorneys have worked closely with Rhode Islanders exposed to asbestos at industrial sites located across the state.
- South Carolina asbestos exposure claims: For more than 40 years, our attorneys have worked closely with South Carolinians exposed to asbestos at industrial sites located across the state.
Our toxic exposure experience
Motley Rice fights for justice for individuals and communities harmed by toxic exposure. We know how to navigate the medical, regulatory and legal challenges these claims can involve. In addition to our work with asbestos, our toxic exposure experience includes advocating for victims injured by:
If you or someone you love has an asbestos-related illness caused by occupational asbestos exposure, Motley Rice can discuss your options for seeking compensation. You may qualify for damages for your medical treatment, lost wages and more. Complete our online contact form or call 1.800.768.4026 to connect with an asbestos lawyer.
Key takeaways
What is occupational asbestos exposure?
What jobs are most at risk for asbestos exposure?
Protections for asbestos exposure in the workplace
What to do if you were exposed to asbestos at work
Our toxic exposure experience
- Sources
- American Cancer Society. Asbestos and Cancer Risk.
- Centers for Disease Control and Prevention (CDC). Who Is at Risk of Exposure to Asbestos?
- Environmental Protection Agency. EPA Actions to Protect the Public from Exposure to Asbestos.
- Environmental Protection Agency. Learn About Asbestos.
- Mayo Clinic. Asbestosis.
- Mayo Clinic. Mesothelioma.
- National Cancer Institute. Asbestos Exposure and Cancer Risk.
- Occupational Safety and Health Administration. Asbestos. Overview.
- Occupational Safety and Health Administration. Asbestos. Standards.
- Occupational Safety and Health Administration. File a Complaint.
- United States Consumer Product Safety Commission. Asbestos In The Home.