{"id":8587,"date":"2022-01-20T13:48:19","date_gmt":"2022-01-20T18:48:19","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/can-you-sue-your-employer-for-asbestos-exposure\/"},"modified":"2022-08-18T21:16:04","modified_gmt":"2022-08-19T01:16:04","slug":"can-you-sue-your-employer-for-asbestos-exposure","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/can-you-sue-your-employer-for-asbestos-exposure\/","title":{"rendered":"Can You Sue Your Employer for Asbestos Exposure?"},"content":{"rendered":"

Asbestos exposure can be a serious threat to your health. If you have been exposed to asbestos at work and have developed an illness as a result, can you sue your employer?<\/span><\/p>\n

In many cases, yes. Employers are responsible for ensuring the safety of their employees. If they fail to do so and someone suffers an injury as a result, they can be held accountable.<\/span><\/p>\n

This is especially true if an employer knowingly exposed their employees to asbestos and did nothing to stop it, or had reason to suspect that the substance might be harmful, for example, because of previous studies on its health effects.<\/span><\/p>\n

Asbestos Claims Based on Negligence<\/span><\/h2>\n

The company you work for is responsible for your safety at the workplace. If it fails to take reasonable precautions or does not make use of available resources to protect workers, it can be held accountable should an accident occur.<\/span><\/p>\n

If you were exposed to asbestos at work and later developed an illness as a result, your employer may be found negligent by failing to take the necessary steps to protect you from such exposure.<\/span><\/p>\n

In some cases, an employer may be held liable for the actions of a subcontractor or supplier if it can be shown that they had reason to know about the potential for asbestos exposure and did nothing to prevent it.<\/span><\/p>\n

Asbestos Claims Based on Breach of Warranty<\/span><\/h2>\n

If you were exposed to asbestos at work, your employer may be held accountable for breaching a warranty.<\/span><\/p>\n

Contract law says that employees can sue their employers if they fail to conform to the standards outlined in a legal contract. In some cases, this can lead to an asbestos claim based on breach of warranty.<\/span><\/p>\n

In most cases, the only recourse available is “state specific,” which means that the laws of the state where the injury occurred will govern the claim. This can make it difficult to pursue a claim if you live in a different state than the one where your injury took place.<\/span><\/p>\n

Asbestos Claims Based on Misrepresentation<\/span><\/h2>\n

Your employer may also be held accountable if it can be shown that they made a false or negligent representation. For example, your employer might have known the asbestos was harmful and didn’t take steps to warn employees of the dangers. If you develop an illness from asbestos exposure as a result, you can file an Asbestos Claim based on negligent misrepresentation.<\/span><\/p>\n

This type of claim falls under the umbrella of products liability, which addresses injuries caused by defective or unsafe products. This area of law is governed by each individual state’s common law, meaning that the specific details vary from state to state. There are several factors that must be met in order to pursue a claim based on misrepresentation.<\/span><\/p>\n

It is important to note that these are just some of the ways in which you may be able to hold your employer accountable for asbestos exposure. Different states may offer slightly different guidelines, so you should contact an attorney in your area to discuss the specifics.<\/span><\/p>\n

Occupations That Increase Risk of Asbestos Exposure<\/span><\/h2>\n

There are some occupations that increase your risk of asbestos exposure. If you work in any of the following fields, it is important to be aware of the dangers of asbestos and take appropriate precautions:<\/span><\/p>\n