West Virginia Asbestos Exposure Lawsuits

West Virginia’s robust chemical, power generation, industrial, manufacturing and mining sectors may have placed many workers at greater risk for asbestos exposure.

Asbestos is a fibrous natural mineral that is naturally resistant to heat, fire and electricity. Because of its insulating properties, asbestos was once widely used in manufacturing and mining applications, industrial products and construction materials.

In the early 1970s, the U.S. Environmental Protection Agency (EPA) began regulating asbestos to address health concerns. In 1989, the EPA banned new uses of the substance under the Toxic Substances Control Act (TSCA). However, asbestos exposure risks may still exist when working in older buildings or handling older products that contain asbestos.

Asbestos exposure is linked to the development of severe health conditions, including asbestosis, mesothelioma and asbestos-related lung cancer. From 1999 to 2021, over 50,000 people in West Virginia were diagnosed with a cancer of the respiratory system. Nearly 700 people were diagnosed with mesothelioma over that same time.

Some industries most at-risk for West Virginia asbestos exposure may include:

• Automotive: Asbestos was used in automotive clutches and brakes. Workers who manufactured or installed automotive products containing asbestos risked occupational exposure. Mechanics who work on older vehicles may also be at risk.
• Chemical Industry: The chemical industry used products containing asbestos to insulate pipes, boilers, pumps, valves and other equipment.
• Building construction and demolition: Asbestos was once used in many building materials, including attic and wall insulation, vinyl flooring, roofing shingles, siding shingles, textured paint, cement sheets, millboards, pipe coverings and furnace gaskets.
• Manufacturing: Asbestos was used to manufacture asbestos-containing products. Asbestos was also used in sand and abrasive manufacturing, steel manufacturing and oil refining.
• Mining: Asbestos fibers are naturally found in rocks and soil. Mining can disturb these fibers, primarily when mining asbestos, talc and vermiculite. Other commercial mining products may also contain asbestos, including older mining equipment, fire-resistant construction materials and insulation.
• Power generation: Power plants used products containing asbestos to insulate pipes, boilers and furnaces.
• Shipbuilding: Products containing asbestos were commonly used in shipbuilding from the early 1940s to the late 1970s. West Virginia is home to many shipyards where shipyard asbestos exposure may have occurred. Workers who constructed older vessels or repaired or demolished older ships could have been exposed.

The risk of West Virginia asbestos exposure is not limited to these industries. Workers may have been exposed at various work sites across the state. If you have questions about your risk of occupational exposure, please ask a Motley Rice West Virginia asbestos lawyer.

Union Carbide asbestos exposure in West Virginia

In 2002, a jury found Union Carbide liable for West Virginia asbestos exposure in the case of Union Carbide v. Recht, et al.

The jury concluded that Union Carbide failed to maintain safe conditions at three West Virginia worksites, exposing thousands of workers over a period of 35-plus years. Union Carbide had to pay the plaintiffs compensatory damages and treble damages. Treble damages are punitive damages calculated at three times the compensatory damages.

These rulings allowed injured workers to proceed to a second phase of litigation involving “mini-trials.” During these trials, small groups of plaintiffs with similar claims combined their lawsuits. They were all seeking compensation for asbestos-related diseases.

Motley Rice asbestos attorneys Ron Motley (1944 – 2013) and Anne McGinness Kearse served as co-counsel in this case.

If you were diagnosed with mesothelioma, asbestos-related lung cancer, asbestosis or another asbestos-related illness, you may be eligible to file a lawsuit. You may also be eligible for an asbestos lawsuit if your loved one died from an asbestos-related disease.

If you have an asbestos exposure history related to your occupation, you may be able to seek compensation for your pain and suffering, medical expenses, lost wages and other damages.

Motley Rice attorneys have represented more than 100,000 asbestos victims, including tens of thousands of West Virginia residents. We have asbestos lawyers working from locations in Morgantown and Charleston. We have traveled regularly throughout the state, trying cases in Wheeling, Winfield, Princeton, Bluefield, Welch, Mineral County, Huntington, Logan County, Lincoln County, Parkersburg, Belle, Elkins and Williamson, among others. We can provide you with more information about asbestos litigation.

Timeline for filing an asbestos lawsuit in West Virginia

You have two years from the date of your asbestos-related diagnosis (not the date of your exposure) to file a lawsuit. You have two years from the time of a loved one’s passing to file a wrongful death lawsuit. This information is from West Virginia’s statute of limitations for personal injury.

Asbestosis, mesothelioma and asbestos-related lung cancer have long latency periods. Symptoms of these diseases may not develop for 10 to 40 or more years after exposure. You may be eligible for a West Virginia asbestos lawsuit, even if your exposure to asbestos occurred decades ago. But you must meet essential deadlines to preserve your potential right to take legal action.

A Motley Rice asbestos lawyer can tell you more about time limits that may apply to your case and help you avoid missing deadlines. Contact our team to discuss your legal options.

Asbestosis, lung cancer and pleural mesothelioma are respiratory diseases that share common symptoms. Mesothelioma is cancer in the lining of the lungs and is the most common type. Symptoms of respiratory diseases caused by West Virginia asbestos exposure may include:

• Chest pain
• Fatigue
• Persistent or painful coughing
• Shortness of breath
• Wheezing

Annual screening is recommended for anyone who has been exposed to asbestos. A smoking history can increase your risk for developing a respiratory disease.

If you develop signs of an asbestos-related illness, you should seek medical treatment immediately. Early detection and treatment can help slow or stop the spread of mesothelioma and other cancers. Treatment options may include a combination of surgery, chemotherapy, radiation therapy and immunotherapy, depending on your diagnosis.

Receiving a mesothelioma or cancer diagnosis can be devastating, but there are resources available to help you and your family. In West Virginia, those injured by asbestos may find treatment and aid through:

• Edwards Comprehensive Cancer Center (Huntington, WV)
• WVU Cancer Institute (Morgantown, WV)

You can find more information about the long-term health effects of occupational asbestos exposure by contacting your local West Virginia Occupational Safety and Health Administration (OSHA) office. Veterans and their families may also want to consult the closest Department of Veterans Affairs Medical Center.

Additionally, you can find resources at the following facilities in nearby states:

• Cleveland Clinic (Cleveland, OH)
• Duke University Medical Center (Durham, NC)
• University of Virginia Health System (Charlottesville, VA)

The resources above are meant to provide information that might prove helpful to those who may have been hurt by asbestos. These resources are not meant to serve as legal advice and are not intended to foster an attorney-client relationship. They are strictly for convenience and assistance.

Other resources for cancer patients

Patients and families facing a cancer diagnosis can struggle with more than accessing medical care. The following organizations can guide you toward additional resources that can help you during your treatment journey, including transportation services, extended-stay lodging, support groups, advocacy groups and more:

• The American Cancer Society in West Virginia
• Mountains of Hope
• The West Virginia Cancer Program

For decades, Motley Rice has fought for individuals, families and communities harmed by asbestos exposure. We understand the physical, emotional and financial harm asbestos-related diseases can cause the injured and their loved ones, and we want to help them seek justice.

Our legal team has uncovered corporate knowledge of the dangers of asbestos and held companies accountable for hurting thousands of workers. Our asbestos litigation experience includes the following cases:

• Asbestos in Canada
• Federal Employers Liability Act (FELA)
• Household exposure to asbestos
• Merchant Marine asbestos exposure
• Secondhand asbestos exposure

If you or someone you love was diagnosed with an asbestos-related illness, our West Virginia asbestos lawyers can discuss your legal options. Contact Motley Rice by filling out our online form or calling 1.800.768.4026.

Read more about our toxic exposure litigation experience.