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Exposure Requirements for Filing an Asbestos Related Claim

When Filing an Asbestos Claim, There are two main components: Medical Proof of an Asbestos Related Condition and Proof of Exposure. The diagnosis of an Asbestos related disease must be supported by documentation that the individual suffering with the disease was in fact in an environment that he / she would have been exposed to Asbestos.

The most common manner of exposure is occupational. Defendants typically require a minimum of five (5) years of Significant Occupational Exposure when filing a claim. A wide variety of industries and occupations made use of products that contained this economical, easily obtained, heat and chemical resistant mineral. The occupations within the below listed industries that worked directly with asbestos containing products are numerous. Additionally workers who did not necessarily handle asbestos or asbestos containing products directly were also exposed. When asbestos is disturbed, it becomes air born, can potentially travel hundreds of feet and can be inhaled by anyone in that vicinity. Compounding this problem is the fact that all of these workers typically went home to family with clothes covered in asbestos. Children hugged their parents, wives and mothers laundered their husbands and sons asbestos laden clothing. These individuals too are vulnerable to the effects of asbestos exposure through secondary exposure.

Industries that typically use asbestos include:
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  • Construction
  • Utilities
  • Steel / iron mill
  • Railroad
  • Foundries
  • Manufacturing
  • Aviation
  • Automotive / Friction
  • Petroleum
  • Chemical
  • Textile
  • Shipyard
  • Military

Because it was cheap to obtain and nearly impossible to ignite or destroy asbestos was used almost anywhere that heat or friction was in issue, anywhere that fireproofing was desired. Asbestos was used in the manufacturing of thousands of products.

Several of the more widely used asbestos containing products are as follows:

  • brake pads
  • ceiling tiles
  • cement
  • cloth
  • firebrick
  • gaskets
  • gloves
  • heat guards
  • Insulation products
  • joint compound
  • paint
  • paper
  • plaster
  • Sheetrock
  • spark shields
  • Welding rods
  • wire
  • yarn

RELEVANT YEARS OF EXPOSURE
Manufacturers knew or should have known of the dangers associated with the use of their product as early as the 1930s. Warning labels, use guidelines and handling procedures and appropriate Material Safety Data Sheets (MSDS) *1 were not created or implemented until the 1970s. The manufacturers failure to warn the users of the potential hazards and correct handling procedures left millions vulnerable to the effects of asbestos exposure and the companies themselves LIABLE for the damage and suffering that resulted from the use of their product.

If you or a loved one have been diagnosed with an asbestos related illness let us help you protect your rights. You may be eligible to receive compensation from the manufacturers of asbestos-containing products. Our dedicated law firm at Reyes, O’Shea and Coloca fight for the rights of these individuals who were unknowingly put at risk because of their exposure to asbestos. Each case is handled individually and given the attention and priority it deserves by our carefully trained legal team.

*1 A Material Safety Data Sheet (MSDS) is designed to provide both workers and emergency personnel with the proper procedures for handling or working with a particular substance. An MSDS reflects the hazards of working with the material in an occupational fashion. MSDS’s include information such as physical data (melting point, boiling point, flash point etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, andspill/leak procedures. These are of particular use if a spill or other accident occurs.