Who Can Sue for Asbestos Exposure?
People diagnosed with an asbestos-related disease can sue, whether the exposure happened at work, during military service or at home. Each situation involves different liable parties, claim types and filing strategies depending on how and where the exposure occurred. An experienced attorney can evaluate your specific circumstances and identify every available option.
Workers Exposed on the Job
If you worked with or around asbestos-containing materials, you can file a lawsuit against the manufacturers of those products. Workers’ compensation typically prevents direct employer suits, but you can still file third-party claims against product manufacturers.
Higher-Risk Occupations
- Boiler tenders
- Construction workers
- Insulators
- Mechanics
- Pipefitters
- Power plant employees
- Shipyard workers
Holding the right manufacturers accountable is the foundation of a strong occupational exposure case. Our attorneys secured a $5.4 million verdict for a Houston shipyard pipefitter and have handled hundreds of cases involving workplace exposure across nearly every high-risk occupation.
Family Members (Secondhand Exposure)
Family members who developed mesothelioma or another asbestos-related illness from fibers carried home on a worker’s clothing, hair or equipment can also sue. These claims typically target the same manufacturers and employers responsible for the worker’s exposure, on the theory that they owed a duty of care to anyone foreseeably at risk. There is no requirement that the family member ever set foot on a job site or handled asbestos directly. Our attorneys secured more than $32 million in a secondhand asbestos exposure case.
Veterans
Military veterans, especially those who served in the Navy, Army and Coast Guard, faced heavy asbestos exposure in ships, barracks and military vehicles. Veterans don’t file lawsuits directly against the government, but they can file lawsuits against asbestos product manufacturers. Our attorneys secured a $5.5 million verdict for a Navy boiler tender and a $3.6 million verdict for a veteran exposed in CIA headquarters boiler rooms.
Tenants and Residents
Tenants and residents who developed an asbestos-related illness after exposure in a rental property or residential building may also have grounds to sue. Landlords have a legal obligation to disclose known asbestos hazards and maintain safe conditions, and failure to do so can constitute negligence.
Examples of Key Evidence
- Communications with your landlord
- Inspection reports
- Lease agreements
- Your medical diagnosis
Tenant claims are most common in pre-1980 buildings, during renovations that disturb asbestos-containing materials or when landlords failed to use licensed abatement contractors. EPA NESHAP regulations set strict federal standards for asbestos handling and removal. Documented violations can significantly strengthen a negligence claim.
Can I Sue My Employer?
In most states, workers’ compensation serves as the exclusive remedy against employers. That means you generally can’t sue your employer directly for workplace asbestos exposure. However, you can sue the manufacturers of asbestos products used at your workplace, contractors, property owners and other third parties.
Some states allow exceptions for intentional misconduct or gross negligence. Workers’ compensation rules vary from state to state. Our attorneys have handled 300+ mesothelioma cases, many involving occupational exposure where we identified the responsible product manufacturers.
OSHA has regulated workplace asbestos exposure since the 1970s under 29 CFR 1926.1101 for construction workers and 29 CFR 1910.1001 for general industry workers. Violations of these standards can serve as direct evidence of negligence in an occupational exposure claim. Contact our team to understand your specific rights.
What Constitutes Asbestos Exposure?
Asbestos exposure happens when you inhale or swallow microscopic asbestos fibers. This can happen at work, home, school or public buildings. In our 300+ mesothelioma cases, we’ve seen exposure from construction sites, household products, Navy ships, power plants and refineries. The EPA estimates asbestos appeared in more than 3,000 products.
Common Asbestos-Containing Materials
- Brake pads
- Floor tiles
- Insulation
- Power plants
- Roofing materials
- Shipbuilding materials
Once the fibers are inhaled or ingested, they can become trapped in the body. Over time they cause inflammation and scarring in tissues in the body, which can cause a progressive, chronic condition like asbestosis or lead healthy cells to become cancerous.
Symptoms of cancers like mesothelioma often don’t appear until 20 to 60 years after the initial asbestos exposure. Many people don’t connect their illness to a past exposure right away. If you have a history of asbestos exposure, tell your doctor. Early detection gives you the best chance at treatment and preserves your ability to sue for asbestos exposure.
Legal Options for Your Asbestos Exposure Case
People diagnosed with asbestos-related illnesses have several legal paths available. You can file a personal injury lawsuit, a wrongful death claim or an asbestos trust fund claim. Each path has different requirements and timelines, so it’s important to understand your options early.
Results Our Attorneys Have Achieved
Case | Amount |
Secondhand exposure | $32M+ |
Talc mesothelioma | $18M |
Navy boiler tender | $5.5M |
Houston pipefitter | $5.4M |
Case declined by another firm | $4M+ |
Every case is different. Our firm has recovered more than $500 million for clients, with mesothelioma verdicts and settlements ranging from $2 million to over $32 million.
Most cases resolve within 12 to 18 months. Our attorneys handle every step on contingency.
Frequently Asked Questions About Suing for Asbestos Exposure
Can I sue for asbestos exposure if I don't have mesothelioma?
Yes. You can file a lawsuit for asbestosis, asbestos-related lung cancer, pleural thickening and other asbestos-related diseases. A mesothelioma diagnosis isn't required, though it typically results in the highest compensation.
How long do I have to file an asbestos lawsuit?
The statute of limitations varies by state but typically ranges from one to three years from the date of diagnosis. Some states use a discovery rule that starts the clock when you knew or should have known about your illness.
How much compensation can I receive from an asbestos lawsuit?
Compensation varies based on diagnosis severity, defendants involved and evidence strength. Mesothelioma verdicts and settlements commonly range from $1 million to over $30 million. Our firm has recovered more than $500 million for clients.
Can I sue if the company that exposed me to asbestos is bankrupt?
Yes. More than 60 companies have established asbestos trust funds totaling more than $30 billion. You can also sue non-bankrupt companies that contributed to your exposure.
Can I sue for asbestos exposure on behalf of a deceased family member?
Yes. Wrongful death lawsuits allow surviving family members to seek compensation. In some cases, the estate can continue a personal injury lawsuit filed before death.
Do I need to pay upfront for an asbestos lawyer?
No. Reputable asbestos firms work on contingency. You pay nothing unless you receive compensation. At Meirowitz & Wasserberg, there's no fee unless we win.
Can I sue for secondhand asbestos exposure?
Yes. If you developed an asbestos-related disease from fibers a family member brought home, you may have a valid claim. Our firm secured more than $32 million in a secondhand asbestos exposure case.
Where do I file an asbestos lawsuit?
You can file asbestos lawsuits in state or federal court. The best jurisdiction depends on where you were exposed, where defendants are headquartered and each venue's legal landscape. An experienced attorney can advise on the strongest filing location.
How Meirowitz & Wasserberg Helps Asbestos Victims
Our attorneys have recovered more than $500 million across all practice areas, handled more than 300 mesothelioma cases and built a career record of more than 2,000 mesothelioma cases. We’ve won cases other firms wouldn’t take. We recovered more than $4 million for a sugar mill mechanic whose case another law firm declined.
Our attorneys bring proven credentials to every case. Dan Wasserberg leads our national asbestos practice. He’s a Top 10 Mesothelioma Lawyer and Super Lawyers Rising Star, licensed in Texas, New York, New Jersey and Illinois. Samuel Meirowitz spent four years as a Bronx DA prosecutor before becoming a Top 100 Trial Lawyer and Super Lawyers Rising Star.
We’re among the top 10 most active asbestos litigation firms in the country, which means we know the courts, the defendants and the strategies that win. Our attorneys have handled cases involving construction sites, Navy ships, power plants, refineries and household products. We represent asbestos clients nationwide, with offices in states like New York, Texas, Florida and Illinois.
Contact Meirowitz & Wasserberg for Your Asbestos Claim
Don’t wait. Asbestos-related diseases have a statute of limitations, and the sooner you contact an attorney, the stronger your case. Our attorneys are available 24 hours a day, 7 days a week. Our team members speak 15+ languages including Russian, Spanish, Turkish and Ukrainian. Every consultation is free and confidential. There’s no fee unless we win. Call us today.
