Asbestos has been proven to be a very dangerous substance. It can cause long-term illness and even some forms of cancer. Experts recommend that people avoid exposure to asbestos to protect themselves from these negative consequences. In many states, employers are required to prevent their employees from being exposed to this deadly substance.
If your employer has failed to uphold this responsibility and you have gotten sick as a result of asbestos exposure, you might want to consider a workers’ compensation claim or personal injury lawsuit. Read about being exposed to asbestos while on the job and find out when you need to get advice and support from a workers’ compensation lawyer.
Negligence Lawsuits
After suffering asbestos exposure, the most common course of action is to file a lawsuit against your employer based on negligence. The prevailing factor in a negligence-based personal injury lawsuit is proving that your employer had a responsibility to protect you against asbestos, that they failed to protect you and that you suffered some form of harm.
One of the easiest ways to prove negligence is by checking OSHA rules in your state. In work situations where asbestos is likely to be present, OSHA requires employers to monitor air quality and protect workers. Protection can include applying air filters or individual respirators. Your employer could also limit the time you work near the asbestos.
When employers fail to protect their workers, this is known as a breach of duty. Breaches can include not providing proper safety equipment or neglecting to monitor the asbestos levels in the air.
In addition to proving negligence, you will also need to prove that the asbestos actually caused you harm. For example, if you are diagnosed with lung cancer, you would have to demonstrate that it was exposure to asbestos and not something like smoking that caused your cancer. This will usually be done through the testimony of an expert witness, such as your treating physician.
Product Liability
It may also be possible to file a product liability claim for asbestos exposure. These suits will usually be against the manufacturer of the product and not your employer. An example of this would be suing the producer of faulty safety equipment. For example, if the respirator you used was manufactured with a defect that prevented it from properly filtering asbestos, you have grounds for a lawsuit if you can prove the defect.
If you suspect a faulty product was the reason that you suffered exposure to asbestos, you should discuss your case with a workers’ comp lawyer. Your lawyer will be able to tell you whether you should consider a product liability claim or a negligence claim and will be able to help you plan your case.
Talk with a Workers’ Comp Lawyer
When exposure to asbestos results in a chronic illness, you may be faced with big medical bills that you cannot pay. If you’re considering a lawsuit to recover damages for your asbestos exposure, you need to hire a workers’ compensation lawyer from the McMahan Law Firm.
At the McMahan Law Firm, you’ll find a team of legal professionals that are dedicated to helping you in whatever way possible. We can determine liability in your case and help you plan a personal injury suit. Schedule a consultation with The Insiders at the McMahan Law Firm today.
