North Carolina Employers’ Responsibility to Employees Exposed to Asbestos

If you are ever exposed to asbestos without the proper safety precautions, you could develop severe health problems as a result of breathing in asbestos fibers. Exposure to asbestos can cause serious life-threatening health conditions like mesothelioma, asbestosis, and various forms of cancer. If you are exposed to asbestos in the workplace or as a result of your employment, it is important to recognize North Carolina employers’ responsibility to employees exposed to asbestos.

North Carolina Employers’ Responsibility to Employees Exposed to Asbestos

According to national regulations by the Occupational Safety and Health Administration, known primarily as OSHA, it is the duty of the employer to provide their employees with the proper education, training, and protection when dealing with asbestos or asbestos removal. The Environmental Protection Agency (EPA) offers specific insights into the kind of training that all employers are required to abide by in matters concerning asbestos.

North Carolina employers are also responsible for providing their employees with the proper training, protective equipment, and assessment of danger levels. Exposure to asbestos in the workplace can lead to a workers’ compensation claim, thanks to the North Carolina Workers’ Compensation Act. If an employee was exposed to asbestos at work and it led to a chronic illness or nonmalignant health condition, they can pursue a claim. However, that claim must contain:

• Evidence of a medical diagnosis
• A treatment plan
• Details of asbestos exposure
• Proof that your illness is directly related to your job

Filing a Workers’ Comp Claim for an Asbestos-Related Illness

Filing a workers’ comp claim for an asbestos-related illness is much the same as filing a standard workers’ comp claim when you are injured on the job. Contracting a chronic illness as a result of prolonged exposure to asbestos in your workplace is considered a workplace injury under North Carolina state law. Here is a brief explanation of how the filing process works:

• Inform Your Employer: When you are first diagnosed with an asbestos-related illness, you need to notify your employer in writing as soon as you possibly can. You will have 30 days to inform your employer of your illness to get workers’ comp benefits. Your employer will then fill out a form that goes to the North Carolina Industrial Commission (NCIC).
• Fill Out the Proper Forms: If you are filling out a workers’ comp claim for a lung disease, such as asbestosis, silicosis, or lung cancer, be sure to fill out Form 18B, which is a claim form specifically for lung disease benefits. At this point, you may want to reach out to an asbestos claims lawyer, who can help you remember deadlines and make sure you fill out the proper paperwork.
• Your Employer’s Response: You are entitled to a response from your employer. That response will either be an acceptance of your claim or a denial of it. If your claim is denied, you may wish to pursue legal action with an asbestos claims lawyer, as your employer may be in violation of OSHA regulations by refusing to accept your claim.

FAQs

Q: What Happens If an Employee Is Exposed to Asbestos in North Carolina?

A: If an employee is exposed to asbestos in North Carolina, they may be susceptible to serious health problems, such as mesothelioma, asbestosis, and lung cancer. In North Carolina, employees who have been exposed to asbestos and have developed a chronic illness because of it may be eligible to seek workers’ comp benefits and pursue compensation for their medical bills and lost wages, among other damages. You may also be able to file a damage claim against the manufacturer of the asbestos.

Q: Can I Sue My Employer for Exposing Me to Asbestos?

A: Yes, you can absolutely sue your employer for exposing you to asbestos, but you can only do so if you develop an asbestos-related illness as a result of that exposure. You may be eligible for significant compensation due to everything you have lost and had to pay for since your diagnosis, such as medical bills, lost wages, pain and suffering, and other life losses. Since employers are ultimately responsible for their workers’ safety, you may have a case.

Q: What Do I Do If I’m Exposed to Asbestos at Work?

A: If you are ever exposed to asbestos at work, the very first thing you should do is wash yourself off. If possible, remove your clothes and replace them with clean ones. Clean yourself up, and talk to your employer about what just happened. Leave nothing out. Then, you should speak to your doctor and inform them of your exposure. Over time, you may want to check yourself for symptoms associated with asbestos-related illnesses.

Q: What Can Employers Provide to Protect Their Employees Against Asbestos Exposure?

A: According to OSHA regulations, employers are required to provide their employees with comprehensive training, protection gear, and posted signage to limit the amount of exposure that their employees may have to asbestos in the workplace. If you work in a place that is known to have asbestos or has had asbestos at one point, you may want to wear protective gear at all times and avoid areas of the building with a high concentration of asbestos.

Reach Out to an Experienced Lawyer Today

Being exposed to asbestos at work can result in detrimental health issues for the remainder of your life, depending on the level of exposure and whether you breathed in any asbestos dust. Your employer is legally bound to protect all employees from any potential injury or illness that can be reasonably prevented. If your employer fails to keep you from being exposed to asbestos, you could seek legal action against them.

The skilled attorneys at Wallace & Graham, P.A., can help you build your case, gather the right kind of evidence, and keep you from being taken advantage of by spiteful employers or insurance companies that may try to guilt or intimidate you into dropping your claim. Contact us to speak with a team member and learn more about how we can assist you.