Suing Past Employers for Asbestos Exposure: What You Should Know

If you or someone you know has been exposed to asbestos in a past job, you may file a lawsuit against your former employers and claim compensation. 

Asbestos exposure can lead to serious health issues, including respiratory damage and mesothelioma, and you must hold those responsible accountable for their negligence. You may feel confused and overwhelmed when you find out you have a serious illness due to asbestos exposure, but you likely have options. 

Choosing to sue past employers for asbestos exposure can potentially provide financial compensation for medical expenses related to your diagnosis.


To learn more about how to protect your rights and explore your legal options, contact an experienced Chicago asbestos exposure attorney in your area. They can guide you through the process and fight for the justice you deserve.

Understanding Asbestos Exposure and Its Dangers
Asbestos Exposure

Asbestos is a naturally occurring mineral that was widely used in various industries due to its heat-resistant properties and durability. It was commonly found in building materials, such as insulation, flooring, and roofing, as well as in automotive parts, textiles, and household appliances.

Unfortunately, prolonged exposure to asbestos fibers can have severe health consequences.

When asbestos-containing materials are disturbed, such as during renovations or demolitions, microscopic fibers can contaminate the air. Inhaled or ingested fibers can accumulate in the lungs or other organs. Over time, this can cause inflammation, scarring, and serious diseases.

The two primary health conditions associated with asbestos exposure are lung cancer and mesothelioma. Lung cancer is a malignant tumor that forms in the lung tissues, while mesothelioma is a rare and aggressive cancer that affects the lining of the lungs, abdomen, or heart.

Both of these diseases have long latency periods, so they can take decades to develop after initial asbestos exposure.

Establishing Liability for Asbestos Exposure

If doctors diagnosed you with lung cancer or mesothelioma as a result of asbestos exposure during your employment, you may file a lawsuit against your past employers. However, a lawyer can explain the legal principles of establishing liability to determine if you have a strong case.

Duty of Care:

To succeed in a lawsuit, you must first demonstrate that your past employers owed you a duty of care. This means that they had a legal obligation to provide a safe working environment and take reasonable measures to protect employees from asbestos exposure.

Employers who use asbestos-containing materials without proper safeguards or fail to warn employees about the potential risks are often considered negligent.

Damages:

Lastly, you must prove the damages you suffered from the asbestos exposure. This can include medical expenses, lost income, pain and suffering, and other related costs.

Gathering medical records, employment history, and other supporting documentation can help you clearly understand the impact the illness has had on your life.

Breach of Duty:

The next step is to establish that your past employers breached their duty of care by failing to adequately protect you from asbestos exposure. You can do this by providing evidence of their knowledge of the hazards associated with asbestos, failure to inspect premises or implement safety protocols, or inadequate training regarding safe handling procedures.

Causation:

You must also establish a causal link between your asbestos exposure and the development of your illness. The long latency period of asbestos-related diseases makes this challenging.

However, with the help of medical experts and thorough documentation of your work history and exposure, you can demonstrate that your past employers’ negligence exposed you and made you ill.

The Importance of Hiring an Experienced Asbestos Attorney

Managing the steps of asbestos litigation can be overwhelming. Hiring an experienced attorney with a strong track record in asbestos litigation is essential to ensure the best possible outcome for your case. Here’s why:

  • Knowledge and Experience: Asbestos litigation requires a thorough understanding of the legal and medical aspects. An experienced attorney will have the knowledge and experience to guide you through the legal process, gather essential evidence, and build a strong case on your behalf.
  • Access to Resources: A reputable attorney will have access to resources and connections that can strengthen your case. They can work with medical experts, investigators, and other professionals to gather the necessary evidence, obtain witness testimonies, and present a comprehensive claim that supports your allegations.
  • Negotiation and Litigation Skills: An experienced asbestos exposure attorney will have well-honed negotiation skills to advocate for your best interests during settlement discussions. They can take your case to trial and present a compelling argument before a judge and jury if necessary.
  • Emotional Support: Dealing with a severe illness and pursuing legal action against former employers can be emotionally draining. A compassionate attorney can provide the emotional support you need during this challenging time, helping you stay focused on your recovery while they handle the legal aspects of your case.

Speak with an Asbestos Exposure Lawyer Today

Suing past employers for asbestos exposure can provide the compensation you need to cover medical expenses, lost earnings, and the impact of your illness on your daily life.

By understanding the legal principles involved and hiring an experienced asbestos exposure attorney, you can maximize your chances of obtaining the justice and financial support you deserve.

If a past job exposed you to asbestos and you subsequently developed lung cancer or mesothelioma, consult a lawyer who works with asbestos litigation cases. Contact a mesothelioma attorney near you for a confidential consultation to protect your rights and explore your legal options. 

Speak with an asbestos exposure lawyer today and let them fight for the justice you deserve.

nick vogelzang
Nicholas J. Vogelzang, Chicago Asbestos Attorney