Asbestos

What Kind of Compensation is Available to Veterans with Mesothelioma?

Estimates show that each year in the U.S. about 1,000 veterans are diagnosed with life-changing mesothelioma cancer. With about 3,000 new cases of the disease diagnosed each year in the United States, it’s easy to do the math: about one-third of all Americans diagnosed with mesothelioma are veterans.

That doesn’t mean, of course, that their exposure happened during the military, but in most instances, active duty jobs and tasks were indeed responsible for the development of the disease in these veterans with mesothelioma. So what can they do to receive rightful compensation for their suffering?

Who Do I Sue?

Contrary to what some veterans and their families might have been led to believe, you can’t sue the U.S. Military. The United States government is protected from lawsuits by the Feres Doctrine and the Federal Tort Claims Act. Instead, in most military cases, the defendants are other parties involved with asbestos in some way, including the manufacturers, designers, and suppliers of asbestos-containing items with which the vet may have come in contact during active service.

An experienced mesothelioma attorney can assist in determining who is responsible for your exposure. He/she is knowledgeable about the products/items most responsible for causing mesothelioma among veterans. In addition, he/she has most likely already represented former military who’ve been diagnosed with mesothelioma due to their active service jobs, which may have included:

• Shipyard workers

• Pipefitters

• Demolition workers

• Insulators

• Electricians

• Plumbers

• Mechanics

What Other Benefits are Available?

• Health Care from the VA – If it is determined that exposure was indeed service related, the veteran may be able to qualify for free or cost-reduced care at a VA hospital or a VA-approved facility. Note that there are many parameters that need to be met, so veterans seeking benefits should be prepared to prove exposure and to complete an abundance of paperwork. Cost of care at VA facilities is also linked to one’s income level so some co-pays may apply.

• Disability Compensation – When an individual applies for disability benefits from the Veterans Administration, their case is reviewed and the veteran is assigned a rating based on the level of disability. Usually, victims of asbestos-related cancer are given the highest rating and, therefore, the highest amount of compensation available IF it can be proven that the exposure to asbestos was military-related. Benefit amount might also be determined by other factors, such as whether or not the veteran is supporting dependents.

• Dependency and Indemnity Compensation – This benefit actually goes to the surviving spouse of any veteran who dies of a military-related condition. The spouse will need to file a claim to receive this.

Consult with an experienced attorney who can help you navigate the often complex system that is the Veterans Administration. Also, chat with him about the possibility of filing suit against those companies who had a vested interest in the products that caused your exposure to asbestos.  Compensation for you and your family may be just a few steps away.

Throughout the last half-century, thousands upon thousands of individuals have been exposed to asbestos materials. The exposure may have happened in any number of places, from your place of employment to less obvious places, like your home.

You may have been exposed at a young age or perhaps later in life. Regardless of the circumstances, if asbestos has made you ill, you may be eligible for compensation for your suffering.

Many victims of asbestos-related diseases hesitate to contact an attorney because they just don’t know if they have a valid case. You may be one of those people.

However, just by asking yourself a few questions, you can determine whether or not to consider filing a lawsuit.  When were you exposed to asbestos?  Where were you exposed to asbestos?  Who is responsible for your exposure?  What expenses have you incurred due to your diagnosis?

Indeed, these seem like simple questions with simple answers, but when posed to you by an experienced asbestos claims attorney, the answers will help determine if a lawsuit is warranted and how much compensation should be requested.

Here’s some further explanation on each question.

1. When were you exposed to asbestos?

Before you contact an attorney, it’s a good idea to review past history and come up with hard facts about when you may have encountered asbestos. It might have been in more than one place, so list all possibilities.

If you’re uncertain as to the details, the attorney and his team may be able to help garner the specifics as long as you have some preliminary information.

2. Where were you exposed to asbestos?

Make a list of workplaces or other situations in which your exposure most likely occurred. Again, an experienced asbestos claims attorney may already be familiar with some of these locations, especially if it’s a company in his or her local region.

Don’t hesitate, however, to contact a local attorney even if your exposure occurred out-of-state. Many mesothelioma attorneys understand that even a seemingly local case may not get filed in the state where you live.

3. Who is responsible for your exposure?

This sort of ties in with question number 2, but sometimes determining just who to sue in a particular case can be difficult. For example, do you sue the manufacturer of a particular asbestos-containing product or the company that used it?

Did your employer know about the dangers of asbestos yet continue its use? A lawyer well-versed in the field can make these decisions with confidence.

4. What expenses have you incurred due to your diagnosis?

Mesothelioma is an expensive disease and chances are that your medical bills will be sky high. Your lawyer will want to know what expenses you’ve had that haven’t been covered by insurance, if you’ve had to travel for treatment, if you’ve lost wages, and if you’ve had to pay a caregiver, for example.

Oil refinery mesothelioma risk for workers – No doubt you’ve passed them as you’ve driven down the highway. You know, those sprawling industrial complexes lined with numerous tanks, smoke stacks, and miles of pipeline; plants that take crude oil and process them into useful products like gasoline, kerosene, or heating oil.

You’ve probably turned up your nose at the smell or maybe even commented about how these oil refineries were affecting the environment.

Indeed, oil refineries aren’t the prettiest part of any town’s skyline but they necessary to keep America running, and the individuals who work inside or outside of the U.S.’s dozens upon dozens of refineries are hardworking employees who face numerous dangers on a daily basis.

From the time of the first U.S. refinery, built in 1862, until today, refinery workers have been injured, maimed, or killed on the job for a variety of reasons, ranging from carelessness on their part to unavoidable accidents to outright neglect on the part of their employers.

That’s where asbestos enters the picture

Through much of the 20th century, when the growing use of the automobile prompted the building of more refineries, asbestos could be easily spotted in these facilities.

Indeed, because asbestos was so fire resistant, it seemed like the perfect material for a number of uses at refineries around the country and it no doubt prevented many tragedies. However, it caused others. It made people sick.

Oil Refinery Asbestos Use

For decades, a sizable number of products used in oil refineries contained asbestos. These included:

• A variety of electrical products
• Insulation/pipe covering or block
• Asbestos paper
• Millboard
• Cement
• Refractory products for kilns, furnaces, reactors, etc.

It’s likely that those who worked in oil refineries during the years of asbestos use would remember encountering those products on a regular basis. Those same refinery workers might even remember that the products were stamped with the names of the companies that manufactured the items, including:

• Johns Manville
• Keene
• Atlas Turner
• U.S. Gypsum
• Unarco
• National Gypsum
• Celotex
• Raymark
• GAF
• Carey
• and many others

Asbestos Diseases: Who’s to Blame?

Even a perfunctory review of the mesothelioma cases that have been filed over the last few decades show that refinery workers – especially those who worked in the industry prior to about 1980 – have been prime candidates for developing the disease due to exposure to the above-mentioned types of products.

For most of those victims, the disease came as a surprise. That’s because their employers never warned them of the risk of working closely with asbestos, especially asbestos that was damaged or had to be cut, sawed, or ground to fit a particular application.

So it was rare that oil refinery workers wore masks while working with the toxin, making it likely that they inhaled the dangerous dust that resulted from their work.

So, who’s to blame? Only an experienced mesothelioma attorney can provide a definitive answer, but it’s likely that workplace exposure was not your fault.

If you’re suffering from an asbestos-related disease, discuss the particulars with a lawyer to determine whether or not you (and/or your family) is eligible for compensation due to workplace neglect.

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If you’ve ever been dealt a serious blow of any sort, whether that issue is connected with you personally or with a friend or member of your family, you probably recognize how difficult it is to carry on without it having some effect on your life.

Perhaps you find it difficult to work or to continue with day-to-day activities. Maybe you’ve lost your zest for life. You might even sink into a deep depression and consider harming yourself.

That’s often what it’s like for a mesothelioma patient, who – once they are educated about their disease – realizes that they are facing death much sooner than expected. This is true for the close family members of the mesothelioma victim as well. They see the proverbial writing-on-the-wall and, hence, life changes from this point on.

That’s why it’s important for terminally ill patients with asbestos-related cancer to consider some sort of counseling and, often, grief counseling is the answer.

What is Grief Counseling?

The term “grief counseling” usually denotes counseling that will occur after a loss. While that’s true, many cancer patients have found it to be helpful while they are still alive but facing death sometime in the not-too-distant future. After all, the terminally ill patient has already begun to grieve.

He or she ponders the future and recognizes the fact that he/she will not grow old with their spouse, will miss momentous family events like weddings and births, and will not be able to complete the plans he/she had for their life. Grief counseling can assist with coming to grips with these losses.

Often, grief counseling is based on the stages of grief touted by Dr. Elisabeth Kubler-Ross, who wrote the book “On Death and Dying” in 1969. She notes that individuals who are bereaved usually progress through five different stages: denial, anger, bargaining, depression, and acceptance. Each individual progresses at a different pace and may stay in one stage longer than another, but psychologists have found that Kubler-Ross’s theories are pretty much on the mark.

A grief or bereavement counselor can assist the patient – and the patient’s family members – in making their way from one stage to another, eventually coming to accept the fact that death is a given because of this dreadful disease. Counselors use a variety of different techniques to help their patients.

Some use just “talk” therapy while others may employ the use of tools such as music or art therapy, meditation, or role playing. Whichever technique is used, the end goal is to take the individual by the hand and lead him/her back into as normal a life as possible.

Where Do I Find a Grief Counselor?

Bereavement counselors are plentiful so it’s usually not difficult to locate one. A good place to start is to ask a member of the patient’s medical team if they can provide a recommendation for such a counselor.

In some instances, if the patient is in the hospital for an extended period, such counseling can happen in-hospital by a member of the staff. Large cancer centers, especially, often make such counseling part of the patient’s care regimen.

Paying for such counseling for the patient and/or the family can be expensive. If you are filing an asbestos-related lawsuit, money from a successful settlement can help pay for counseling. Talk to your attorney about the need for counseling while discussing the particulars of your lawsuit.

Buying a piece of commercial or industrial property can be an exciting proposition for those starting or growing a business. It’s a time for new ventures and – hopefully – growing profits. But often, there are many risks that come with such a transaction, especially if you’re purchasing a property where the last owners/tenants may have left behind more than an empty building sitting on a piece of land.

EPA’s Phase I Environmental Site Assessment

This is where the EPA’s Phase I Environmental Site Assessment comes into play. Set forth with guidelines from the American Society for Testing and Materials, the Phase I E 1527-05 assessment covers what most real estate professionals would describe as “the basics” and is essentially a visual assessment. Specifically, these assessments usually include:

• An onsite visual inspection that considers issues such as the state of vegetation and the proximity of the property to refineries, chemical plants, power plants, and other such industry.

• A risk assessment that takes into account neighboring properties and their effect on the property in question.

• The history of the property

• Aerial photographs of the property

• Drainage maps

• Additional visual inspections to locate things like lead-based paint or asbestos

Unfortunately, there are a lot of misconceptions about the Phase I Environmental Site Assessment and just how thorough – or un-thorough – it is. For example, such an assessment, as previously stated, offers a visual inspection but DOES NOT demand that any air or water samples be taken or that any sort of samples be taken from buildings that currently stand on the property. That means asbestos and other dangerous toxins can easily be overlooked.

Presence Of Asbestos Is Often Excluded From Testing

Environmental scientists point out that most property buyers believe testing for asbestos is always included in these assessments. In reality, the American Society for Testing and Materials guidelines exclude a number of issues that might cause concern including radon, indoor air quality, lead in drinking water, biological agents, and mold, as well as asbestos-containing building materials and lead-based paint.

In fact, companies that perform these Phase I Environmental Assessments are not even required to make recommendations after the testing. They are only required to issue a report to the prospective buyer and his agent.

Caveat Emptor – Demand Asbestos Detection

However, a buyer can protect himself by requesting that the certified environmental professional he or his agent hires adds asbestos and air quality testing to the list of tasks performed during the assessment. This is of special concern if the property being considered was built during a time when asbestos use was rampant. Any asbestos left behind on the property should raise a red flag.

This testing will no doubt require additional charges but is essential not only for peace of mind but for the health and safety of those who will be working at the site in question. Also, agents and buyers should be sure that they hire certified and licensed environmental professionals. Often, these individuals have degrees in engineering and/or geology and are well-versed in the field of environmental risks.

Most Americans don’t think twice about their daily routines and what they might be exposed to during their everyday tasks. Little thought is given to stepping outside to go to work or school or to entering that place of employment or education.

We rarely given a second thought to drinking that glass of tap water or walking through that hallway where workers are sanding, painting, or doing any sort of repairs.

Yet, all of those scenarios could expose us to environmental toxins. That’s not to say, of course, that we should stop living our lives to the fullest and become frightened of what’s around every corner, but we should be aware that if we have suffered some sort of injury due to toxins, we may have a right to file suit against those who caused our injuries. These are referred to as environmental toxic tort cases.

What is an Environmental Toxic Tort Lawsuit?

Quite simply, a “tort” is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. In other words, this civil wrong can be redressed by awarding damages. Adding the word “environmental” means that the wrong is caused by perhaps toxins in the air or in our drinking water. Asbestos falls into the category of environmental toxins and, hence, an asbestos-related lawsuit is known as an environmental toxic tort case.

Statistics show that, throughout the 21st century, there has been a marked increase in the filing of environmental toxic tort cases, including those that are asbestos-related. In particular, a study by the Rand Institute for Civil Justice noted that in the early years of the new millennium, there were “sharp increases in the number of asbestos claims filed annually, the number and types of firms named as defendants, and the costs of the litigation to these defendants.”

Why the Increase in Toxic Torts?

Asbestos injuries are unique. That’s because asbestos is unique. When an individual is exposed to any sort of asbestos material and that exposure causes the inhalation of sharp fibers, which can allow tumors to form, it can take literally decades for those tumors – and any sort of symptoms – to develop. Indeed, attorneys who specialize in asbestos suits often meet with plaintiffs who worked with asbestos products 30, 40, or even 50 years ago!

Therefore, because asbestos was used mostly from the 1940s through the late 1970s, those who were exposed during the latter part of that era are just now discovering that they have been affected by that exposure. Hence, the increase in cases. Furthermore, by the time the discovery is made, many asbestos victims are gravely ill, diagnosed with cancer that has reached Stage 3 or 4, and are seeking help for themselves or their families.

In most instances, the exposure occurred on-the-job, so victims who’ve developed asbestos-related diseases like mesothelioma and asbestosis may be able to forge legal action against their employer(s) or the companies that manufactured the asbestos-containing materials that caused their disease.

Filing an Environmental Toxic Tort Suit

The best way to ensure that you gather the most accurate information on toxic tort suits and that you file a successful suit is to consult with an attorney that is well-versed in environmental-related torts. Look for one that has long been involved in this type of litigation, ensuring that your suit will follow a time-tested track that can lead to receiving the compensation you are due.

Asbestos in homes – If you’ve been home shopping lately and are considering older homes that need an update, you’ve probably seen your share of popcorn ceilings. After all, in the late 1960s and through the 1970s, they were all the rage.

Everyone wanted one of these cool ceilings, which gave rooms a mod look and let your visitors know that you coveted all the latest trends in homebuilding. Indeed, even individuals who owned homes built prior to the introduction of the popcorn ceiling decided to install them, hoping to keep up with the times.

Most homeowners were unaware, however, that these ceilings – covered with “popcorn paint” – usually contained asbestos. The toxic material was used in most brands of textured ceiling paint.

That means homeowners didn’t think twice about doing things that might compromise their health, like drilling to install light fixtures or hang other objects from the ceiling. Any time that ceiling was manipulated in any way, asbestos dust may have been released.

Government On Asbestos In Homes

Today, of course, most homeowners who still have popcorn ceilings in their houses know of the concern about asbestos. Some have addressed these concerns. Others have not. Some homeowners with popcorn ceilings installed after the Clean Air Act of 1978 think they’re safe from harm but, in actuality, they may not be.

According to the International Association of Certified Home Inspectors, though the application of sprayed on asbestos-containing coatings was banned in 1977, popcorn ceilings installed as late as (approximately) 1986 may have still contained asbestos. They note that existing inventories of asbestos-bearing texturing materials were exempt from the ban.

The government did this to minimize economic hardship to suppliers and installers, so the paint was used until these companies ran out. Sadly, this practice of phasing out the materials may have caught some homeowners off-guard.

Handling your Popcorn Ceiling

Remember, asbestos that is intact and not damaged rarely causes a health hazard. So, if your popcorn ceilings look just fine and you subject them to inspection now and then to make sure they stay that way, all is most likely well. However, if you notice a fair amount of damage and wear-and-tear to your textured ceilings, it may be time to address them.

Most avid DIYers, of course, are determined to do as many jobs as possible on their own, hoping to save as much money as possible. However, when it comes to asbestos removal, the most prudent advice is HANDS OFF!

The best first step in addressing a less-than-pristine textured ceiling is to hire a certified asbestos inspection company to determine the condition and the best steps to take if there is indeed a concern. The inspector may suggest repair or removal.

Repair SHOULD NOT be attempted by yourself, even if the issues are minor. Many inspection companies can do the assessment AND the repair, so consider that option first or ask your inspector for a recommendation for an asbestos abatement professional.

If your ceilings require removal due to damage or if you wish to remove the ceilings for aesthetic reasons, you will definitely need the services of an asbestos abatement company. Before hiring one, be sure to check their credentials to be assured that they are properly certified. Get references, if possible.

Furthermore, make sure no one is in the home while removal is happening, including pets. Also, be sure the company cleans up well after the procedure and do not re-enter the house until you are satisfied that all dust has been removed.

If you’ve previously encountered asbestos materials while doing DIY work on textured ceilings and you’ve been sickened by that exposure, contact an attorney to verify your legal rights. Companies that made or installed textured paint may be liable for your injuries and you may be eligible for compensation.

U.S. Schools Get a D in Asbestos Exposure

If you were a kid growing up in the 50s, 60s, or even 70s, your school may have been one of thousands that was built during an era when we weren’t quite as concerned about the environment – and the effect of certain products on that environment – as we are now.

Schools built during that era, as well as in the early decades of the 20th century, were often constructed using asbestos-containing building materials, and now, as they begin to crumble, staff, faculty, and students may be paying for the disrepair with their health.

Each year, around the world as well as in the United States, reports surface about asbestos exposure in schools. It isn’t unusual to read about a school employee who, decades after encountering asbestos on a regular basis, is diagnosed with an asbestos-related disease.

It’s unlikely that any of these victims of school-related asbestos diseases ever suspected they might be exposed on-the job. And it’s not just a problem that’s disappeared with tighter asbestos-related legislation.

“The Environmental Protection Agency estimated in 1984 that 15 million students and 1.4 million teachers and school personnel were at risk of exposure to airborne asbestos, based on a sampling of 2,600 public and private schools,” reports a recent article in the Washington Post. “Two years later, Congress passed legislation requiring public and private schools to regularly inspect their buildings for asbestos, clean up any hazards and publicly report their actions. But no one knows how many schools now contain asbestos.” Washington Post

In addition, no one knows if schools around the country are complying with the asbestos rules that were set in place to protect students, teachers, and staff, says Sen. Edward Markey (D-Mass). He also thinks that some school districts might need assistance in paying for asbestos abatement, which is why they don’t comply.

Markey and Senator Barbara Boxer of California recently contacted all fifty state governors to inquire as to how many districts in their states were following these nearly-30-year-old asbestos laws. Responses, they say, indicated that the rules were not being uniformly followed.

In the meantime, schools often have to shutter buildings when asbestos problems arise, adding to the further cost of abatement or encapsulation. But it’s truly the only way districts can be sure that everyone inside those buildings is protected, experts say.

“Everyone has asbestos, but they don’t want to deal with it,” noted Gina Clayton-Tarvin, president of the Ocean View, California, school board, in that same Washington Post article. “To abate it is absolutely astronomically expensive.”

That means those who work in U.S. schools that were built during the height of asbestos use need to be extra careful when encountering materials that could contain asbestos, including:

• Damaged floor tiles

• Damaged ceiling tiles or acoustic ceilings

• Old wallboard, drywall, and plaster

• Chipping paint

• Stage curtains

• Soundproofing materials

• Damaged pipe or boiler insulation

Janitors, teachers, administrators, or anyone who sees damaged materials that potentially contain asbestos should report these problems to the district. It’s also not unreasonable to ask to see the school’s asbestos plan. In accordance with EPA rules, every school should have one in place.

If you believe you were exposed to asbestos in a school setting and have now become ill with a related disease, contact an attorney to learn more about your rights as a victim.

Men (and later, women) have been working on the railroad since the early years of the 19th century. Railways in the United States were used first for transporting goods and then for carrying people from place to place, opening the country to exploration and allowing it to grow in leaps and bounds to what it is today. And while the first choice of mode of transportation for travelers today isn’t necessarily a train, many industries, companies, and avid wanderers still use locomotives, and trains of all sorts continue to travel each day along the tens of thousands of miles of track that dot America’s landscape.

Life as a railroad worker has never been a proverbial walk-in-the-park, especially in the early days of rail transportation. But even into the 20th century, many dangers existed for those who built and laid track, inspected or repaired the rails, built trains, or helped run our nation’s rail systems in some other capacity.

Railroad Workers Potentially Subjected to Asbestos

Around the 1930s and 1940s, many of the companies that built locomotives began to use parts that contained asbestos. This added yet another layer of danger to what many railroad workers viewed as an already hazardous job. Employees who may have had asbestos exposure. Containing materials include:
• Track layers
• Maintenance equipment operators
• Conductors
• Yardmasters
• Engineers
• Operators

Even individuals who weren’t directly employed by a railroad but were subcontractors working on the rails may have been exposed to rail-related asbestos-containing items. This includes:

• Steamfitters
• Plumbers
• Electricians
• Iron workers
• Welders
• Machine operators
• Boilermakers
• And many others!

Any number of items used in railroad building or maintenance might have contained asbestos. Often, these items were manipulated or compromised in some way, resulting in the likely release of asbestos fibers into the air, where they could easily be inhaled, especially by those working in close quarters and areas with little ventilation. Some of the asbestos items encountered on the job may have included:

• Brake pads and linings
• Clutches
• Gaskets
• Sealing cement
• Wallboard
• Tiles

Studies often show that the bulk of the asbestos exposure occurred from the 1940s to the 1970s and much of it occurred before the change from steam to diesel locomotives. Research outlined in the American Journal of Industrial Medicine demonstrated that older workers once associated with the repair of steam locomotives had the highest probability of asbestos exposure. While many of those individuals have no doubt passed away by this time, many from asbestos-related diseases, current lawsuits involving companies like CSX, Ohio Railway, Northfolk & Western, and others prove that exposure to asbestos remained a problem in the years that followed.

Railroad employees, past and present, who are suffering from the effects of asbestos exposure should educate themselves as to their rights for compensation for negligent exposure to items containing this toxic mineral. Take a few minutes to chat with an experienced mesothelioma attorney to learn more about the options.

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