Asbestos Exposure
Although its risks to human health are well known, asbestos exposure remains a significant concern for workers in various industries in California, especially those in construction, shipbuilding, and manufacturing. Long-term exposure to asbestos can cause severe health conditions such as mesothelioma, asbestosis, and lung cancer. If you or a loved one has been exposed to asbestos in the workplace, understanding your rights under California’s workers’ compensation system is essential for obtaining the benefits and compensation you deserve. For help getting benefits after an injury or illness on the job in Orange County or the Inland Empire, contact Invictus Law, P.C., to speak with an experienced and successful California workers’ compensation lawyer.
What Is Asbestos, and Why Is It Dangerous?
Asbestos is a naturally occurring mineral composed of thin fibers that are heat-resistant and durable. These properties made asbestos widely used in construction materials, insulation, and automotive products throughout the 20th century. Unfortunately, asbestos fibers, when inhaled, can become lodged in the lungs or other parts of the body, causing inflammation, scarring, and serious diseases, often years after exposure.
The most common health conditions associated with asbestos exposure include:
- Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart.
- Asbestosis: A chronic lung condition characterized by scarring of lung tissue due to prolonged asbestos exposure.
- Lung Cancer: While smoking is a primary cause, asbestos exposure significantly increases the risk of lung cancer.
These diseases often take years, even decades, to manifest, making it difficult for workers to pinpoint when and where the exposure occurred. This delay can complicate workers’ compensation claims, but with the right legal support, obtaining compensation is still possible.
Who Is at Risk for Asbestos Exposure?
Certain occupations are more prone to asbestos exposure due to the materials they work with or the environments they operate in. Workers in the following industries are especially at risk:
- Construction Workers: Asbestos was heavily used in building materials like insulation, roofing, flooring, and cement. Even today, construction workers performing renovations or demolitions on older buildings may be exposed to asbestos fibers.
- Shipyard Workers: Asbestos was commonly used in shipbuilding because of its heat-resistant properties, putting shipyard workers at a heightened risk.
- Manufacturing Workers: Various products, from brake linings to gaskets, contain asbestos. Workers who manufacture or handle such products could be exposed.
- Firefighters: Fires in older buildings containing asbestos materials can release asbestos fibers into the air, putting firefighters at risk.
Even if you do not work directly with asbestos, secondary exposure can occur if asbestos dust is brought home on clothing, tools, or equipment.
California Workers’ Compensation and Asbestos-Related Illnesses
In California, workers’ compensation laws protect employees who suffer from work-related injuries or illnesses, including those caused by asbestos exposure. However, pursuing a workers’ compensation claim for an asbestos-related disease can be particularly complex due to the long latency period of these conditions.
If you have been diagnosed with an asbestos-related illness, the first step is to inform your employer as soon as possible. Under California law, you generally have one year from the date of diagnosis to file a workers’ compensation claim, even if the exposure occurred decades earlier. This is known as the “discovery rule,” which allows workers to file claims based on when they became aware of their illness.
Workers’ compensation benefits for asbestos-related illnesses can include:
- Medical Treatment: Coverage for necessary treatments related to your illness, including surgery, chemotherapy, and palliative care.
- Temporary Disability Benefits: If your illness prevents you from working temporarily, you may be eligible for benefits covering lost wages.
- Permanent Disability Benefits: If your condition results in a permanent disability, you may receive compensation for lost earning capacity.
- Death Benefits: If a worker succumbs to an asbestos-related illness, their dependents may be entitled to death benefits through workers’ compensation.
Challenges in Asbestos-Related Claims
One of the most significant challenges in asbestos-related workers’ compensation claims is proving that the exposure occurred during your employment. Given that asbestos-related diseases often appear decades after the initial exposure, identifying the responsible employer can be difficult. Additionally, some companies that exposed workers to asbestos may no longer be in business, further complicating the claims process.
Working with an experienced workers’ compensation attorney is critical in these cases. Attorneys familiar with asbestos-related claims can help gather evidence, identify responsible parties, and navigate the complexities of California’s workers’ compensation system.
Invictus Law, P.C. Can Help
If you or a loved one has been diagnosed with an asbestos-related illness due to workplace exposure, Invictus Law, P.C., is here to assist you. With offices in Orange and Ontario, we serve workers throughout Southern California, including all of Orange County and the Inland Empire. Our team understands the unique challenges of asbestos exposure cases and can guide you through the process of obtaining the workers’ compensation benefits you are entitled to.
At Invictus Law, P.C., we are dedicated to standing up for injured workers and helping them secure the financial support they need for medical treatment, lost wages, and future care. Contact us today for a free consultation to discuss your asbestos exposure case and learn more about your legal rights.
Contact Invictus Law Today
Asbestos exposure in the workplace can have devastating consequences for workers and their families. While asbestos-related diseases may take years to develop, California’s workers’ compensation laws provide a pathway for affected workers to seek compensation. With the assistance of an experienced workers’ compensation attorney, you can navigate the complexities of the system and secure the benefits you deserve.
For more information or to schedule a consultation, contact Invictus Law, P.C. today by calling 888-9WORKLAW or 949-287-5711. We are committed to helping injured workers in Orange County and the Inland Empire get the justice they deserve.
