Many workers and consumers are shocked to learn that the rates of diagnoses for asbestos-related cancers and mesothelioma continue to climb, even though asbestos was virtually outlawed in the United States in 1989.
What is causing the increased risk of diagnoses, and which workers are most at risk for exposure to asbestos – including risk to chronic and sometimes fatal types of cancers? We will discuss the latent health impact of exposure to the carcinogen, and why it is more of an issue today for workers than it was more than two decades ago in America.
What is Asbestos and Who is at Risk?
Asbestos is a collection of minerals found naturally that have durable, flame-resistant properties that made them ideal for many construction and industrial coating applications. The substance was used for decades before the human health risks were revealed.
Asbestos fibers are virtually microscopic, and they can consist of six separate minerals:
- Chrysotile
- Crocidolite
- Amosite
- Anthophyllite
- Tremolite
- Actinolite
The industrial use of asbestos began in 1858, when it became known that asbestos had excellent fire-proofing qualities. Manufacturers used the substance in roofing shingles, floor tiles, insulation, cement and concrete mixtures, car parts, and even textile products, including home and commercial furnishings. It was also used as an insulation for pipes, gaskets and fittings, fireproof drywall and compounds, and bricks. Some metals were also infused with asbestos.
In 1989, the United States Environmental Protection Agency (EPA) banned the use of asbestos and issued the Asbestos Ban and Phase Out Rule, which required businesses to stop manufacturing all products and substitute asbestos with other fire retardant materials. Unfortunately, because of the phase out rule and terms of the law, some consumer products today can still legally contain very small amounts of asbestos.
Workers within the construction industry are some of the most at-risk for developing chronic health conditions and cancer due to exposure to asbestos in the workplace. Individuals who are involved in renovation, demolition, plumbing, flooring, or other industries that may be required to replace or remove old materials may be exposed daily to asbestos.
The following occupations have a higher-than-average rate of developing cancers and conditions related to asbestos exposure currently, or through long-term occupational exposure to the substance:
- Commercial or residential painters and plasterers
- Railroad workers
- Roofers and sheet metal workers
- Shipyard workers
- Carpenters and drywall tapers
- Car and truck maintenance mechanics
- Firefighters
- Heavy equipment operators
- Millwrights
- Industrial welders
Workers who may be exposed to old equipment, buildings, pipes, and outdated fittings may be inhaling asbestos during their normal duties. This is a concern, as the health impacts of the carcinogen take much longer to reveal themselves, with serious and frequently fatal consequences.
How Asbestos Exposure Impacts Health and Wellness
The National Cancer Institute notes that the U.S. Department of Health and Human Services, the EPA and the International Agency for Research on Cancer have classified asbestos as a known human carcinogen. This classification also leads to the removal of asbestos as a building material, and in certain consumer products.
Asbestos exposure is a leading cause of lung cancer and mesothelioma – a cancer that is isolated to asbestos as a factor in all diagnoses of the condition. One of the greatest obstacles to identifying mesothelioma, and one of the challenges for legal professionals assisting clients in class action or liability suits is the fact that it can take two or three decades for the condition to present itself after exposure. Cancers caused by asbestos tend to manifest in the major organs and develop into gastrointestinal, colorectal, throat, kidney, esophageal and gallbladder cancer.
What Legal Professionals Need to Know
Most patients who develop mesothelioma have the 'pleural' type of the cancer, which manifests itself in the lining of the lungs, in the lining of the abdomen, or inside the heart. While alternative therapies do exist, there is no effective current treatment for most cases of mesothelioma. An average of 3,000 asbestos cases that have caused cancer are diagnosed annually in the United States, with high fatality rates that warrant expedited litigation in court for clients who have filed for compensation.
In the legal profession, more education and outreach can be done to encourage retired or formerly employed individuals to come forward when diagnosed with cancer, where occupational exposure to asbestos is suspect. Frequently, individuals who are retired look for recent exposure, rather than reflecting on past employment or years spent inhaling asbestos without realizing the significant risks associated. Inform consumers of the risk of asbestos exposure during other activities, including classic car restoration or vintage home renovation, which present a higher risk for asbestos exposure (something few clients may consider as a source of health harm).
Aside from the high fatality rate of mesothelioma, many states offer a statute of limitations of one to five years after diagnoses for the plaintiff to file an independent or class action suit (the average is one year). Surviving family members may have a statute of limitations of one to three years after the date of death of the loved one to file a wrongful death action. More public education regarding the immediacy of filing suits is needed to educate the public to entitled compensation.
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