When you have been exposed to asbestos, you may wonder what options you have in regards to recovery, as well as who could be held liable for your damages. We will help you understand where you stand in regards to recovery, from who you can bring a claim against, to what happens when an employer claims ignorance.
Who is Usually Held Liable
When you have fallen ill in an asbestos claim, you can generally bring a claim against four different defendants: suppliers of asbestos fiber, manufacturers of asbestos products, manufacturers of safety equipment, and your employer themselves. We’ll start off with your employer, since they are the one who employed you to handle the job at hand. Your employer is responsible for upholding a duty of care that they owe to all employees on the job, which is their duty to keep you safe from all harm.
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If you have fallen ill due to exposure to asbestos, your employer may have claimed that they are not liable for the damages that resulted. Your employer typically will not be able to claim ignorance of your exposure, saying that they had no idea you were working in those conditions. The dangers of asbestos have been documented over time and many employers that work in certain conditions will be aware of this. Your employer is responsible for providing a safe workplace to you, making sure that you have proper safety equipment, and more. Because of this, if you have been exposed, you may be able to bring a workers’ compensation claim.
Now let’s talk about the other parties that could be held liable, like the manufacturers. Manufacturers could be held liable in the event that they have made an unreasonably dangerous product, under product liability laws. Manufacturers over the years have held the position that they did not intend for asbestos to be inhaled, but the courts have said that this is foreseeable when you work with asbestos. Sometimes it is difficult to bring one of these claims, especially if the company has gone bankrupt because of their dangerous product.
As you can see, you have options in either case, but sometimes they are limited. This is why it is important to seek the help of a personal injury attorney who can help you every step of the way in your asbestos claim. Asbestos exposure is life-threatening and we will walk you through every step of your claim to ensure that you get as much compensation as you deserve for your illness.