Generally, there are two types of workers’ compensation cases: injuries by accident and occupational diseases. Whereas injuries happen at once, occupational diseases develop over time due to exposure to toxic substances. The Huffman Law Firm, P.A. has extensive experience representing hundreds of  individuals with occupational diseases. Typical occupational diseases include Asbestosis, asbestos-related cancers, Silicosis, Brown Lung disease from cotton dust, lead poisoning, and exposure to other toxic chemicals and substances.

What is asbestos?

Asbestos is a mineral that is mined. The name asbestos comes from a Greek word that means “indestructible.” Given the indestructible nature of asbestos, it was incorporated into over 3000 different products, many of which were used in manufacturing plants throughout the country. Some common types of asbestos products include pipe covering, wallboard, flooring, roofing, siding, brake pads, gaskets, and cement, as well as asbestos textile products like gloves, coats, suits, head coverings, and curtains. Asbestos was also used in the manufacturing of many household products such as ironing board covers, hot pads, oven mittens, and even dish towels. <<top>> or <<questions>>

When were the dangers of asbestos first known?

Some people think that the dangers of asbestos were not known until the 1960’s or 1970’s. Nothing could be further from the truth. The first written document describing the effect of asbestos was written by Pliny the Elder in First Century Rome! He wrote about slaves who had breathing problems after making asbestos clothing for the Roman soldiers. Asbestos continued to be used throughout the centuries. However, modern use of asbestos started in the late 1800’s with the advent of the Industrial Revolution. As early as the 1890’s, reports were being issued describing damage to the lungs of people who worked in asbestos plants. By 1918, Prudential Life Insurance discussed the large number of deaths of asbestos workers and many insurance companies were denying life insurance policies to asbestos workers. In 1933, Dr. Donnelly studied abestosis in North Carolina workers and emphasized that “exposure for a period of a short time is a serious industrial hazard.” The North Carolina legislature listed Asbestosis as an occupational disease in 1935. The dangers of asbestos have been known for a long, long time. Yet heavy unregulated use of asbestos continued well into the 1980’s. Indeed, in many plants, people are still being exposed to asbestos. <<top>> or <<questions>>

What is Asbestosis?

Asbestosis is a scarring of the lung caused by breathing asbestos fibers. When the lung is sufficiently scarred, an individual cannot process the oxygen that he or she breathes in. As a result, the individual will experience shortness of breath on exertion and in severe cases will have shortness of breath even at rest. It can also lead to death. <<top>> or <<questions>>

Who can get Asbestosis?

Many people who worked directly with asbestos products are at risk of developing Asbestosis. People who worked in ship yards and asbestos manufacturing plants had very heavy exposure to asbestos. Insulators often spent decades installing and removing asbestos products. However, you would not have had to work directly with asbestos to get Asbestosis. Carpenters, plumbers, millwrights, electricians, painters, masons, pipe fitters and other construction workers often worked in areas where asbestos insulation was being installed or removed. Many workers describe being in areas where there was so much asbestos dust in the air that it looked like a “snowstorm.”  Asbestos was installed and removed not only during construction of new buildings, but also while plants were in operation. Thus, many factory workers have contracted Asbestosis. <<top>> or <<questions>>

Can asbestos exposure cause cancer?

Yes! It has been estimated that 50,000 cancer cases per year are caused by exposure to asbestos. There are many types of cancer that occur in the digestive and respiratory tracts that are known to be caused by exposure to asbestos. Typically, such cancers include lung cancer, throat cancer, esophageal cancer, laryngeal cancer, colon cancer and mesothelioma — a cancer in the lining of the lung or the stomach. Although both smoking and asbestos exposure can independently cause cancer, people who both smoked and had asbestos exposure have a 90 times greater chance of getting lung cancer than non-asbestos-exposed, non-smoking individuals. <<top>> or <<questions>>

Is there any legal recourse for me if I get Asbestosis or an asbestos-related cancer?

Yes! There are a number of different legal options for someone with an asbestos- related disease. You can possibly sue the manufacturers of asbestos products or the property owners where you were exposed. However, the most common type of legal action is a workers’ compensation claim against your employer. You should contact an experienced asbestos attorney to discuss your case.  <<top>> or <<questions>>

What do I have to show in order to obtain workers' compensation benefits for my asbestos-related disease?

The law on this issue is complex. However, to vastly oversimplify the matter, you have to prove two things. First, you have to prove you have the disease. This is a medical question. A doctor examines you and reads your chest x-rays or CT scans and diagnoses you with Asbestosis. Second, you must prove that you were exposed to asbestos at your place of employment. If you were exposed to asbestos by more than one employer, than the company where you were last exposed to asbestos for at least 30 days in a seven month period is responsible for your claim. <<top>> or <<questions>>

I was exposed to asbestos on my job. What should I do?

You need to talk to an asbestos attorney who has experience with asbestos workers’ compensation claims. This is a very specialized area of the law and many attorneys who regularly handle workers’ compensation cases do not have experience in Asbestosis claims. The Huffman Law Firm, P.A. has represented hundreds of people who suffer from Asbestosis or asbestos-related cancer. Attorney Richard Huffman tried and won the first mesothelioma case to ever be heard by the North Carolina Court of Appeals<<top>> or <<questions>>

What are some other types of occupational disease claims?

There are 28 different “listed” occupational diseases in North Carolina. The listed diseases range from Asbestosis and Silicosis to hearing loss, poisoning by arsenic, brass, lead, zinc or sulfuric acid, and miner’s nystagmus. If you have a listed occupational disease, all you have to prove to win a workers’ compensation case is that you have the disease and that you were exposed to the substance at work. Any other disease can also be an occupational disease. With all non-listed diseases, you also have to prove that the disease was caused by conditions which are characteristic of a particular occupation and that the disease is not an ordinary disease of life to which the general public is equally exposed. For example, Turberculosis (TB) may or may not be an occupational disease depending upon the circumstances.  TB is an ordinary disease of life because anyone who comes in contact with an infected person can get TB. A person who works in a cotton mill could catch TB from a co-worker who is working next to him. Even though that worker was exposed to TB at work, his TB is not a compensable occupational disease because there is nothing about being a cotton mill worker that increases his risk of getting TB. However, TB can be a compensable occupational disease in other circumstances. A nurse may contract TB. If that nurse frequently works with TB patients, then the nurse's job puts him or her at an increased risk of getting TB over that of the general public. <<top>> or <<questions>>

What should I do if I have a disease thay may be related to my work?

You need to see an asbestos attorney who specializes in occupational disease cases. Occupational disease cases have their own unique set of rules. Many attorneys who handle workers’ compensation cases do not regularly represent workers with occupational diseases. The Huffman Law Firm, P.A. has an extensive background in representing workers who suffer from occupational diseases. If you think you may have some disease or illness caused by your job, please call the Huffman Law Firm, P.A. We will be happy to discuss your case with you at absolutely no cost to you.  Although the firm has a statewide practice, much of our work is done in the Salisbury, Rowan County; Mocksville, Davie County; Lexington/Thomasville, Davidson County; Concord, Cabarrus County; and Albemarle, Stanly County areas.

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