Learn how to prove your asbestosis is work-related so you can recover maximum workers’ comp benefits
Asbestosis is a significant health risk for workers in various industries across South Carolina who continue to be exposed, knowingly or unknowingly, to asbestos fibers at work. As these fibers are inhaled, they can lead to serious respiratory issues, including the chronic lung condition known as asbestosis.
This article aims to shed light on the dangers of asbestosis to workers in South Carolina, highlighting the symptoms, causes, and long-term effects of this debilitating disease. Importantly, workers suffering from asbestosis due to workplace exposure may be entitled to workers’ compensation benefits. Understanding these rights is crucial for individuals seeking support and compensation for this condition.
What is the occupational disease asbestosis?
Asbestosis is an occupational lung disease caused by inhaling asbestos fibers, which are microscopic and naturally occurring minerals that have been widely used in construction, manufacturing, and several other industries due to their heat resistance and insulating properties.
Over time, when these fibers accumulate in the lungs, they can cause scarring (fibrosis) of lung tissue, leading to difficulty breathing, coughing, and severe lung impairment.
Can you recover from asbestosis?
Unfortunately, no. The condition is chronic and irreversible and often takes years to develop after initial exposure.
Did you know?
Every year in the United States, more than 1,000 people die from asbestosis, according to the Centers for Disease Control and Prevention (CDC).
What jobs expose you to asbestos?
Although workplace exposure to asbestos has significantly decreased over the last few decades, the CDC reports that millions of U.S. workers continue to be exposed to asbestos levels at work that exceed the National Institute for Occupational Safety and Health’s (NIOSH) recommended exposure limit (REL).
Workers most at risk of asbestos exposure include:
- Factory workers manufacturing asbestos-containing products or working in factories where such products are made
- Construction workers, particularly those involved in the demolition or renovation of older buildings
- Roofers removing or installing asbestos-containing roofing materials
- Flooring installers removing old floor tiles and adhesives containing asbestos
- Firefighters who may encounter asbestos while responding to fires in older buildings
- Insulation workers, including those who install or remove insulation materials in buildings or ships
- Shipyard workers, especially those repairing older ships or dismantling ships for scrap
- Plumbers, pipefitters, and steamfitters who work on piping insulation
- Electricians working in older buildings where asbestos-containing materials were used for insulation
- HVAC technicians installing or servicing older heating and air conditioning systems
- Drywall removers or installers dealing with asbestos-containing joint compounds
- Auto mechanics working on brake pads and clutches that contain asbestos
- Railroad workers maintaining and repairing older trains and tracks where asbestos was used
- Textile workers involved in the production or handling of asbestos-containing fabrics
- Mining workers, especially those involved in asbestos mining (though much less common today)
What are the symptoms for asbestosis?
Symptoms of asbestosis can range from mild to severe and typically appear after a long period of exposure, often several years or even decades after initial exposure to asbestos. They can include the following:
- Shortness of breath, initially only with exertion, but as the condition progresses, it can become constant
- Persistent, dry cough, often worsening over time
- Chest tightness or pain, especially in the areas affected by the scarring
- Crackling sound when breathing in, known as “rales” or “crackles”
- A general feeling of being tired and weak
- Loss of appetite and weight loss as general health declines
- Widening of fingertips and toes, known as “clubbing,” associated with more advanced cases
- A bluish tint to the skin, particularly around the lips, fingernails, or toenails, indicating insufficient oxygen levels in the blood (seen in advanced stages)
If you suspect you’ve been exposed to asbestos and are experiencing these symptoms, it is crucial to seek medical evaluation promptly.
What is the life expectancy of someone with asbestosis?
The life expectancy of someone with asbestosis can vary significantly based on several factors, including the severity of the disease at the time of diagnosis, the level and duration of asbestos exposure, the presence of other conditions, such as lung cancer or mesothelioma, and the individual’s overall health and lifestyle choices, such as smoking status.
Asbestosis is a progressive condition, meaning it tends to worsen over time. Early-stage asbestosis may have a more favorable prognosis than advanced disease. Generally, life expectancy can range from a few months to a decade or more after diagnosis, but it’s challenging to predict for any one individual due to the disease’s variability.
It’s essential for anyone diagnosed with asbestosis to receive regular medical follow-up, adhere to treatment plans, and avoid further asbestos exposure and smoking to manage the disease’s progression and impact on life expectancy.
Can I get workers’ compensation for asbestosis in South Carolina?
Yes, in South Carolina, you can get workers’ compensation for asbestosis if it can be proven that your condition is work-related. Asbestosis is recognized as an occupational disease, so if you developed the condition due to exposure to asbestos in your workplace, you should be eligible for workers’ compensation benefits as long as you worked as an employee (not an independent contractor).
Workers’ compensation is no-fault insurance, so you don’t need to prove that anyone was to blame for your asbestosis. However, you do need to prove that it is a direct result of your job.
If your employer denies your workers’ comp claim for asbestosis, it’s crucial that you seek the help of an experienced workers’ compensation attorney to help file an appeal and gather evidence to prove your disease is work-related.
My Workers’ Comp Claim Is Denied, Now What?
Learn what to do if your workers’ comp claim is denied in South Carolina.
How much compensation do you get for asbestosis?
The amount of compensation for asbestosis in workers’ compensation cases can vary widely based on several factors, including the severity of your condition, your average weekly wage prior to the diagnosis, and the extent to which asbestosis impacts your ability to work.
With that being said, workers who develop asbestosis due to an occupational exposure can generally access several types of benefits through the workers’ compensation system:
- Medical benefits. Workers’ compensation covers all necessary medical treatments related to asbestosis, including hospital visits, medications, specialist consultations, and ongoing care required to manage the condition. There is generally no out-of-pocket cost to the employee for these medical expenses.
- Wage loss benefits. If asbestosis impairs a worker’s ability to perform their job, they may be eligible for wage loss benefits. These benefits are typically two-thirds of the worker’s average weekly wage prior to the diagnosis.
- Death benefits. If asbestosis leads to the death of a worker, their dependents may be entitled to death benefits. These benefits generally include a portion of the deceased worker’s wages and coverage for funeral and burial expenses. Additionally, a surviving spouse, children, or other dependents may receive financial compensation to help support them after the loss.
- Vocational rehabilitation. In cases where asbestosis prevents a worker from returning to their previous employment but they are still able to work, they may be eligible for vocational rehabilitation services. These services aim to help the individual find new employment within their physical limitations or retrain for a new occupation.
Due to the severity of asbestosis and its impact on a worker’s life, it’s highly recommended that affected workers discuss their case with a workers’ compensation attorney before accepting a settlement offer to ensure they get the full benefits they’re entitled to under South Carolina law.
How long do I have to file a workers’ comp claim for asbestosis in SC?
In South Carolina, the deadline to file a workers’ compensation claim is generally 2 years from the date of the accident or injury. However, because diseases like asbestosis can take years to develop, the 2-year period does not start from the date of asbestos exposure, but rather from the date the disease was diagnosed or should have been reasonably discovered to be work-related.
Please note that in addition to filing a claim, workers are also required to notify their employer of the disease within 30 days of receiving a diagnosis.
Adhering to these deadlines will help ensure you remain eligible for the benefits you deserve.
Get help from an experienced Columbia workers’ compensation attorney
If you or a loved one is facing the difficulties associated with work-related asbestosis, the experienced Columbia work injury attorneys at Chappell, Chappell & Newman are here to help. With over 30 years of experience in championing the rights of injured workers in South Carolina, we’re committed to providing the support and guidance you need during this challenging time.
Our goal is to ensure your rights are protected and help you secure the compensation you and your loved ones deserve. Reach out to Chappell, Chappell & Newman today to learn more about how we can assist you with your claim by scheduling a free consultation.
References
Asbestos Toxicity: Who Is at Risk of Exposure to Asbestos? | Environmental Medicine | ATSDR. (2021, February 9). www.atsdr.cdc.gov. https://www.atsdr.cdc.gov/csem/asbestos/who_is_at_risk.html
Asbestosis. (n.d.). www.cdc.gov. https://www.atsdr.cdc.gov/csem/asbestos/respiratory_conditions_associated_with_asbestos.html