Archive for the tag 'asbestos worker'

Asbestos Exposure

by Loz

Asbestos Exposure

Symptoms of lung cancer, asbestosis or other asbestos - related diseases may include chronic cough and hoarseness, wheezing, chest pain, weight loss, fatigue, loss of appetite, dysphonia, coughing up blood and shortness of breath. Mesothelioma lung cancer is usually associated with asbestos exposure. The real crisis regarding asbestos exposure in the workplace is not potential litigation but the number of victims who contract the deadly disease Mesothelioma.

People who contract the disease must be absolutely sure that the cause for the same was asbestos exposure and then take steps to get the right legal counsel. Second, is the long latency period between exposure to the cause of the disease, asbestos, and its onset. Currently, these asbestos cause a disease for which there is no cure; however, due to the amount of attention that this disease is getting, many top scientists and researchers worldwide are working to develop a cure for the disease.

Because of the devastating nature of the disease and because we are able to point to a single root source, asbestos exposure, there is significant reason for all individuals to take necessary precautions to avoid contraction of the disease. In conclusion, there many things that you have to do for prevent developing of asbestos related disease, but The Workplace Safety and Insurance Board (WSIB) could be very useful and a good start point. If you think that you may have an asbestos - related disease because you worked exposed to asbestos many years and you show any of the symptoms above mentioned, you should visit a specialist doctor to be explored by him and decide whether you need more exams or not.

Other important thing is to visit the doctor regularly to stay informed about your health, (but this one must be specialist in the disease) whether you work or worked in contact with asbestos at your job. Without writing a book, I wouldn’t have the space to detail every observation I’ve made during this period, but I can assure you that no contact with asbestos is without a possible adverse health consequence. There are many more instances of contact for which I don’t have the time to detail here, but basically, with the characteristics of the material, knowledge of where you may encounter the substance and many hours of observation (I’ve been in construction over thirty years), you too can make the same deductive conclutions that I have made.

So, I set out to try to logically deduce, with a knowledge of the physical properties of asbestos,when I encountered the substance as I attempted to clean every surface and item in every room of the house. Supporters of the bill propose to set up a 0 billion dollar asbestos compensation fund, but it is doubtful if even an all out effort this week will bring the bill to a vote on the floor of the US Senate. While the Asbestos Bill is unfair and serves to limit rights and remedies of victims in favor of multi-billion dollar corporations, you can take action to help defeat this bill.

Every major asbestos victims’ organization opposes this bill, while being supported by the corporate defendants who knowingly poisoned their workers and the public with asbestos and would receive billions of dollars in liability relief. It was estimated that approximately 10 million workers had been exposed to asbestos by the year 1978 and that by 1970 25 million tons of asbestos had been used in building work across the USA. Even if the ancient wisdom had been lost, insurance companies were refusing to insure asbestos workers, or charging higher premiums for them by the 1920’s.

In the 1920s the asbestos industry was aware of the damaging effects of asbestos, and yet they did nothing to protect workers or their families. Back in the 1920s, a large variety of medical articles showed that there was scarring on the lungs of asbestos factory workers. Become involved in the fight to keeps victims rights regarding asbestos litigation in the hands of the people.

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Malignant Mesothelioma At a Glance

Malignant mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. It is a rare form of cancer that most frequently arises from the cells lining the sacs of the chest (the pleura) or the abdomen (the peritoneum). Malignant mesothelioma is closely linked to exposure to asbestos - a natural fiber that was once used in manufacturing a wide variety of industrial and household products. Workers involved in asbestos mining, milling and manufacturing are at the greatest risk for developing malignant mesothelioma. Also at high risk are shipyard workers, workers in the heating and construction industries, and other tradespeople. Family members and others living with asbestos workers have an increased risk of developing malignant mesothelioma, and possibly other asbestos related diseases as well. Cases of malignant mesothelioma have even included people whose only exposure was breathing the air through ventilation systems.

Although reported incidence rates have increased in the past 20 years, malignant mesothelioma is still a relatively rare cancer. Between 1973 and 1984, there has been a threefold increase in the diagnosis of pleural mesothelioma in Caucasian males. From 1980 to the late 1990s, the death rate from malignant mesothelioma in the USA increased from 2,000 per year to 3,000, with men four times more likely to acquire it than women. The actual rates may be even higher however, since it is possible that many cases of malignant mesothelioma are misdiagnosed as adenocarcinoma of the lung, which is difficult to differentiate from mesothelioma.

The average age of diagnosis of malignant mesothelioma is 60. The average survival time varies from 4 to 18 months, and death is usually due to infection or respiratory failure from the progression of the mesothelioma.

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Mesothelioma Cancer main factors

Mesothelioma cancer can strike anyone, but appears more often in men than in women. It is a disease mainly linked to asbestos and smoke, since most people who have worked on jobs where they breathed in asbestos particles, have developed this pathology.

Experts believe that smoking does not seem to be a directly related risk for developing the disease only by its own, but its combination with asbestos exposure increases the risk of Mesothelioma, so stop smoking if you are exposed to asbestos in your workplace.

According to statistics eight out of ten of all reported cases were exposed to asbestos, however there are cases of people that have not had any exposure to the fibers of this mineral.

Therefore, the main risk factor for developing Mesothelioma can be found in asbestos, a group of fibrous metamorphic minerals which have an special resistance to fire. Asbestos have been exploited for a variety of purposes, such as industrial products, roof shingles and flooring products.

However, some uses of asbestos are banned in many countries, since it is known that the inhalation of some kinds of asbestos fibers can cause various illnesses, including Mesothelioma, lung, larynx and kidney cancer and asbestosis, a chronic lung ailment, but a non cancerous pathology.

Most asbestos fibers are invisible to the unaided human eye and the problem increases because just one asbestos fiber can become the source of hundreds of thinner and smaller fibers over time. As they get smaller and lighter, they become more mobile and more easily to be driven and carried by the air.

That is why people who work in asbestos mines and mills or producing asbestos products must wear personal protective equipment to lower their risk of exposure, according to acceptable levels of asbestos exposure in the workplace set by the Occupational Safety and Health Administration of the United States.

In order to reduce your chance of getting ill with some of the asbestos-related diseases if you are a asbestos worker, is not only to wear the proper clothes and equipment, but also take a shower and change your clothing before leaving the workplace to diminish the possibility of dust brought home on your clothing or hair.
Author: Hector Milla


Source: http://www.articlealley.com/article_12975_23.html

Background and History

The history of mesothelioma started in the early 1900s. Mesothelioma history, just as in the discoveries of other major diseases, has a combination of science, politics, medical research and courage. Mesothelioma is a deadly disease that affects the lining of several organs in the body, most commonly the lungs. It is now known that asbestos exposure is the primary cause for this disease; however, for more than 100 years of asbestos mining and production, the link between asbestos and mesothelioma remained obscured.

Lung Disease and Asbestos
In the early 1900s workers at asbestos factories in Britain were experiencing an alarmingly high incidence rate of lung disease. The first reported case of asbestosis in a British asbestos worker occurred in 1906. By the late 1920s, the lung disease problems associated with asbestos mining and production were becoming well known, so much so that the British government commissioned a study in 1930. The study results showed that asbestosis was an occupational disease and was associated with asbestos exposure.
Mesothelioma and Asbestos
The link between lung cancer and asbestos was slower to emerge. While many asbestos workers were dying of lung cancer in the 1930s and 1940s, there was also high growth rate of tobacco use and a high incidence of tuberculosis. Unless an autopsy was performed, it was difficult to determine the exact type of lung cancer that caused death. During this time period, it appears that the asbestos industry officials made little effort to establish the link between asbestos and mesothelioma, even though considerable evidence suggested this link.

The South African Asbestos Mines
After World War II, asbestos mining in South Africa was growing rapidly. South Africa had plenty of cheap labor, and new technology was making asbestos mining much more efficient. Although a well known South African medical researcher noted in 1928 that asbestos exposure could cause danger, he attributed the dangers to asbestos processing, not mining. (South Africa did little processing of asbestos at that time.)
In 1948, South Africa commissioned the first chest and infectious disease hospital in the area of the asbestos mines. The hospital’s first medical superintendent, Chris Sleggs, was the first physician anywhere in the world to see a significant number of malignant mesothelioma cases. He noted the presence of atypical cases of lung disease in the wards. Most cases of tuberculosis recovered with treatment, but a few of the cases appeared to be resistant to the drugs. He began to investigate.
Chris Wagner, a medical researcher, became aware of the atypical lung disease in the mid 1950s. He started a research project to better understand the occupational hazards associated with the asbestos mining. Due to the efforts of Drs. Sleggs and Wagner, along with a third researcher, Ian Webster, by the late 1950s, the connection between mesothelioma and asbestos was well documented.
In 1959, these three researchers attended an international conference in Johannesburg, South Africa. They presented papers, based on their research, showing the connection between mesothelioma and asbestos. After the conference, they combined their data and submitted it to a prestigious British medical journal. Their data showed that of the 33 cases of pleural mesothelioma investigated by them, 32 had proven exposure to asbestos mining.

Causes of Mesothelioma

Asbestos exposure is by far one of the most common causes of mesothelioma. Over 50% of the patients have a history of asbestos exposure. This exposure could occur while directly handling the fibrous material, or it could occur through just environmental exposure.
There are numerous documented cases where patients contracted the disease due to living close to the asbestos mines or by coming in contact with asbestos when some of the fibers became airborne. Persons most commonly afflicted include shipyard workers, construction workers, automobile mechanics (particularly those working on brake linings), insulation workers, pipe and heater installation and flooring workers and roofers.

Also, for those who have had asbestos exposure and who smoke, the risk becomes exaggerated. Studies show that asbestos workers who also smoke are 55 times more likely to die of mesothelioma than nonsmokers without asbestos exposure.
Erionite
Erionite is a mineral that has a long, thin rod-like amphiboles structure. Exposure to this mineral has been associated with increased incidence of mesothelioma. Erionite exposure has a high mortality rate due to mesothelioma in Anatolia, Turkey.
Exposure to asbestos is the primary cause for malignant mesothelioma in most patients. If you or a loved one has been exposed to asbestos, then you are at risk. There is no minimum level of exposure that is deemed safe. Insure that during your routine health care, you advise your doctor of previous asbestos exposure, particularly if you experience any chest pressure, shortness of breath, chest pain or coughing. While these symptoms do not indicate the presence of the disease, they are the most common symptoms and should be further investigated if you have had asbestos exposure.

Mesothelioma Suing For Compensation

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.

Mesothelioma Cancer | Asbestos

Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts — typically being settled out of court for about $3 million each.

**The History of Mesothelioma Lawsuits**

The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.

In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.

This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.

Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.

**How do lawyers proceed with mesothelioma cases?**

Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a “contingency” basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.

The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning — there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.

**How are the lawyers paid?**

Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client’s favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client’s portion. This means they will actually be getting more than 30% — sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.

**Workers’ Compensation or 3rd Party Litigation**

Normally when a claim is made against an employer, the case is handled by Workers’ Compensation. In most jurisdictions this is a “no fault” insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.

A workers’ compensation claim can usually be finalized within 6 to 12 months.

When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants — sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.– to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.

Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.

**If you have been exposed to asbestos…**

If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.

About The Author

Rick Hendershot is a writer and online marketer and publisher. See ==> http://www.linknet-promotions.com

For mesothelioma information and advice see ==> http://www.mesotheliomaadvisors.com. For more mesothelioma articles and reports see ==> http://www.mesotheliomaadvisors.com/reports.html