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Asbestos |
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Consultwebs.com does not provide legal advice. Our goal is to provide legal resources for consumers and attorneys. You should consult with a lawyer for legal
advice that applies to your situation and location.
The word Asbestos comes from Greek, meaning “not flammable”. It
refers to the fibrous form of several minerals and hydrous silicates of magnesium. Like other fibers, asbestos can be molded or woven into fabrics to make fireproof products such as safety clothing for fire fighters and insulation
products such as hot-water piping.
California, Vermont, and Arizona are the leading asbestos-producers in the United States, most commonly through open-pit mining. About 6
percent of the mined ore contains usable fibers, which are separated from the ore by crushing, air suction, and vibrating screens. These fibers are sorted into different lengths, or grades to be used in fabrics,
building-construction materials, textiles, missile and jet parts, asphalt and caulking compounds and paints, brake linings or molded goods, such as pipes and gaskets.
Today, it seems sadly ironic that the Romans made cremation cloths from it. Due to the nation's need for the special qualities that
asbestos possesses, the roster of those at risk for asbestos exposure reads like a Who's Who of American Trades and Unions:
- Auto and Truck Brake & Clutch Mechanics
- Boilermakers
- Carpenters & Joiners
- Electricians
- Heat & Frost Insulators & Asbestos Workers
- Insulators
- Ironworkers
- Laborers
- Masons & Bricklayers
- Metal Refining Operations
- Millwrights
- Operating Engineers
- Painters & Plasterers
- Plumbing & Heating Contractors
- Roofers
- Sheetmetal Workers
- Shipfitters
- Steamfitters
- Tilesetters
- Workers in Foundries, and Steel Mills
Besides the construction workers involved in new construction or working near new construction prior to the 1970's, workers today are at risk in the renovation of
older buildings. Mechanical systems, piping, duct work and equipment, were assembled and sealed with asbestos products. Asbestos sprays were used for fireproofing and sound proofing of decking and structural steel. Walls,
roofing, electrical wiring and flooring contained asbestos components through the 1970's and, in some cases, even later.
"Asbestos related diseases" is the phrase used in medicine for the damage, pain and suffering caused by inhaling these deadly, generally
microscopic fibrous slivers of mineral.
Exposure can cause two different types of illnesses: malignant diseases (cancers in organs which have come into
contact with ingested asbestos); and non-malignant diseases (scarring processes of organs which have come into contact with ingested asbestos). Scar tissue is a protective mechanism of the body. Cells collect around these tiny
foreign bodies and try to seal them off. Unfortunately, scar tissue cells do not have all the properties of normal healthy cells. As they increase, body function decreases. Lung scar tissue has no elasticity and
becomes unable to exchange oxygen cells. It becomes increasingly difficult to take a breath. Pleural plaques usually begin as very small areas of scarring but can grow and harden over time.
Asbestosis: Sometimes called pleural asbestosis, asbestos-related pleural disease, pleural plaques, pleural thickening, or pulmonary asbestosis, this is one of the most
common of the asbestos related diseases. Actually scarring of the lining of the lung caused by asbestos exposure. It is untreatable and incurable. It may progress to a more severe condition, depending on other health
factors of the victim.
Atelectasis: Pleural scarring causing a portion of the lung to fold onto itself. Inhalation can become extremely painful.
Cancer of the respiratory or gastro-intestinal tract: Asbestos may come in contact with the esophagus, larynx, stomach, colon and rectum. Airborne asbestos
particles may be inhaled through the nose and mouth.
Lung Cancer: The Risk of death from lung cancer (also known as bronchogenic carcinoma) caused by asbestos exposure is 50 to 90 times higher for smokers who were exposed
to asbestos. Non-smoking victims of exposure to asbestos died at a rate of 5 times greater than the general population. All lung cancer cell types such as adenocarcinoma, bronchoalveolar, small cell, large cell,
oat cell and squamous cell carcinoma, can be caused by asbestos.
Malignant mesothelioma: Even low exposures to asbestos can lead to the development of malignant mesothelioma, an inoperable cancer of the chest and abdominal lining. Carcinogens (cancer causing agents) are normally shown to be more dangerous as length or dosage of exposure increases.
Lung cancer or cancers of the respiratory or gastro-intestinal tract may be asbestos-related regardless of whether a person is also diagnosed with asbestosis or
asbestos-related pleural disease.
In the past, the standard diagnostic procedures for asbestos related disease was through x-rays. Today, we are fortunate to have two newer procedures: low-dose spiral computed
tomography and high resolution computed tomography (HRCT) - both of which are based on computer tomography (CT). that provide earlier detection. Earlier detection has increased not only survival rates, but also cure rates.
There are two things that you can do if exposed to asbestos.
- Contact a physician to evaluate your risk of developing an asbestos-related disease, and to document your exposure to asbestos. Examination is painless. Delay in diagnosis and
treatment can be fatal.
- Contact a personal injury attorney who can counsel you in this complex legal situation. Your situation must be evaluated carefully in order to protect your rights
fully. The law has established deadlines for filing claims or lawsuits for an asbestos-related disease. They are strict, and the clock begins ticking as soon as you are aware of the exposure. Several areas of
personal injury law may apply to your case, such as:
- Product Liability: Your exposure to asbestos may have been due to a faulty or defective product such as brake linings or asbestos lined gloves. Your
asbestos attorney can evaluate your legal rights and advise you of possible compensation.
- Professional Malpractice: Medical malpractice or negligence, leading to delay in treatment, incorrect treatment or missed diagnosis can be especially lethal
in an asbestos related disease. Your lawyer can protect your rights and represent your interests.
- Workers Compensation: Your asbestos exposure may have been job-related or happened on the job. Even though the company that you worked with when exposed to asbestos has filed for bankruptcy or has been bought by another company, you may still be entitled to compensation. Many of
these laws are special federal laws relating to asbestos.
- Wrongful death: Your family member may have died from an asbestos-related disease. Seek legal counsel before the statute of limitations becomes an issue.
Special Note: Prior to accepting an insurance settlement in a case of asbestos exposure or disease, it is wise to speak with a personal injury lawyer to evaluate your situation and to ensure that
your interests are protected. Most personal injury attorneys provide free initial consultations and most will only be paid if you win your case and receive a judgment. Most often,
personal injury attorneys will receive a percentage of the settlement awarded to you. Legal advice can save you time, trouble and money and can insure that you are treated fairly.
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| PERSONAL INJURY ATTORNEYS |
Consultwebs.com can assist in making recommendations if desired.
Arthur M. Blue Law Office, P.A., Personal Injury lawyers, Carthage & Southern Pines, North Carolina - (910) 947-1500
Belluck & Fox, LLP,
Firm Bios,
Personal Injury Lawyers, New York, NY - 1-866-6ACTION.
Keel & O'Malley, L.L.P., Personal Injury lawyers, Greenville & Tarboro, North Carolina - (252) 758-7700
Kohn & Rath, Personal Injury lawyers, Hinesburg, Vermont - (802) 482-2905
Kurtz & Blum, Personal Injury lawyers, Raleigh, North Carolina - (919) 832-7700
Kraft & Associates, Personal Injury lawyers, Dallas, Texas - (214) 999-9999
Lichtenstein, Fishwick & Johnson, P.L.C., Personal Injury lawyers, Roanoke, Virginia - (540) 343-9711
MLNLaw, P.C., Michael Lawson Neff, Personal Injury lawyer, Atlanta, GA - (404) 531-9700
Mineo & Crouse, Aviation Disaster & Personal Injury lawyers, Raleigh, NC - (919) 861-0500
Phillips Law Firm - Personal Injury lawyer, San Antonio, Texas - (210) 545-5757
Poyner & Spruill, L.L.P., Multi-disciplinary, Raleigh, Charlotte & Rocky Mount, North Carolina - (919) 783-6400
Smith, Debnam, Personal Injury lawyers, Raleigh, North Carolina - (919) 250-2000
D. Keith Teague, P.A., Personal Injury lawyers, Elizabeth City, North Carolina - (252) 335-0878
Tharrington Smith, L.L.P.,, Personal Injury lawyers, Raleigh, North Carolina - (919) 821-4711
Twiggs, Beskind, Strickland & Rabenau, P.A., Personal Injury lawyers, Raleigh, North Carolina - (919) 828-4357
Warfield Meredith & Darrah, P.C., Personal Injury lawyers, Severna Park, Maryland -
Paul L. Whitfield, Personal Injury lawyer, Charlotte, North Carolina - (704) 372-8322
Williams & Associates, Personal Injury lawyers, Nashville, Tennessee - (615) 242-2800
Other state listings are listed above
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Oregon | Pennsylvania |
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Canada |
International
Asbestos General Interest Web Links
18 September 2001 - New Yorkers face few health risks from asbestos and dust after World Trade Center collapse
Alkalize For
Health - Asbestos Causes Cancer
Archives of Envtl. Health - Pulmonary Function
Asbestos
Asbestos American Lung Association
Asbestos OK - Safety Information
Asbestos -
Environmental Protection Agency - reduce exposure in homes.
Asbestos Fact Sheet #1
Asbestos - MEHP, 1997 Data
Asbestos -- New York State Department of Health
ASBESTOS AND RISKS TO HEALTH
Asbestos in
the Home and Workplace
Asbestos in South Africa
Asbestos Map of Western El Dorado County
Asbestos Mesothelioma News:
Asbestos
Workers New York New England Health Fund Schedule of Benefits
Asbestosis - Inside Information on Asbestos
Asbestosis - Questions and Answers on Asbestos Exposure
Asbestos links to
government, university, and other useful sites
atsdr statement on asbestos
BBC News | Health | White asbestos board danger
CNN.com - Health - Crayon makers, government: No evidence of asbestos threat in crayons - May 24, 2000
Continuing government cover-up of asbestos health disaster in Australia
Environmental Health and
Safety Dept, University of Utah
Federal health official warns of asbestos risks - Vermiculite in Montana
HSE Home Page - Asbestos Risk Management
Health and Safety, Asbestos - University of Louisville
Lead and Asbestos Program - General Information
MARCOR's Environmental News Central
MEDLINEplus: Asbestos/Asbestosis
MESOTHELIOMA
Missouri Department of Natural Resources
Montana DEQ/Libby
Environmental Health Update
NY Committee for
Occupational Safety & Health
OEHHA: Air - Asbestos Fact Sheet
Occupational Health, Asbestos Rutgers University
Occupational Health & Safety Administration - Asbestos - Recognize and evaluate asbestos hazards in the workplace.
occupational health & safety (Asbestos) 1992
Penn State University
Environmental Health and Safety
RoC: Asbestos
Siliocosis
& Asbestosis
TDH - Asbestos "Texas Asbestos Health Protection Rules"
Texas Administrative Code
Trades Union Congress - Launch of first ever national asbestos register - UK
TREMOLITE ASBESTOS POLLUTION IN LIBBY, MONTANA - - A HEALTH CRISIS
Vernon's Texas Civil Statutes - TITLE 71
Welcome to the Asbestos Control Program
Welcome to
HispanicHealth.org
WORKSAFE!
California Workplace Safety & Health
www.asbestos-institute.ca - World Health Organization Press Office Press Release
Tort Law Federal Statutes
U.S. Code: 28 U.S.C., Chapter 171 - Federal Torts Claim Act (governs tort claims against the U.S.)
Tort Law Federal Judicial Decisions
U.S. Supreme Court: Recent Torts Law Decisions
U.S. Circuit Courts of Appeals: Recent Torts Law Decisions
Tort Law State Statutes
State Judicial Decisions
N.Y. Court of Appeals:
Other References
Key Internet Sources
Workman's Compensation Federal Statutes
U.S. Code:
Workman's Compensation Federal Regulations
Title 20 C.F.R., Chapt. I
Workman's Compensation Federal Judicial Decisions
U.S. Supreme Court: Recent Workers Compensation Decisions
U.S. Circuit Courts of Appeals: Recent Workers Compensation Decisions
Workers Compensation State Statutes
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- State Judicial Decisions
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Appellate Decisions from Other States
Federal Statutes Damages References
U.S. Code:
15 U.S.C. §§ 15-15e - Restraint of Trade Suits
26 U.S.C. - Damages and Income Taxation
28 U.S.C. - Recovery of Damages Against the U.S. and Foreign States
45 U.S.C., Chapter 2 - Railway Carriers
Federal Court Rules and Judicial Decisions - Damages
Federal Rules of Civil Procedure:
Rule 9(g) - Special Damages
Rule 54(c) - Judgment
U.S. Supreme Court: Recent Decisions Dealing with Damages
U.S. Circuit Courts of Appeals: Recent Decisions Dealing with Damages
Damages State Statutes
- Uniform Laws
U.C.C., Article 2, Part 7 - Remedies
Model Punitive Damages Act (Proposed)
- State Statutes
Article 2 of Uniform Commercial Code as Adopted by Particular States
- State Judicial Decisions
N.Y. Court of Appeals:
Appellate Decisions from Other States
Federal Statutes Regarding Insurance
U.S. Code:
Federal Judicial Decisions Regarding Insurance
U.S. Supreme Court:
Insurance State Statutes
State Statutes on Insurance
Judicial Decisions
N.Y. Court of Appeals:
Appellate Decisions from Other States
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