Asbestos exposure remains a critical public health issue, despite widespread bans and regulations implemented in many parts of the world. While the dangers to workers directly handling asbestos have been well-documented, secondary asbestos exposure—where family members are indirectly exposed to asbestos fibers brought home on a worker’s clothing, hair, or skin—is a lesser-known but equally devastating hazard. This article explores the issue of secondary asbestos exposure, its health implications, legal avenues for compensation, and what affected family members need to know about potential payouts.
Understanding Secondary Asbestos Exposure
Secondary asbestos exposure occurs when individuals inhale or ingest asbestos fibers without working directly with the material. Common sources include:
- Contaminated work clothing
- Hugs or close contact with exposed workers
- Shared laundry or living spaces
- Contaminated furniture or vehicles
This type of exposure primarily affects spouses, children, and other cohabitants of workers employed in high-risk industries such as construction, shipbuilding, mining, and manufacturing. Although indirect, the exposure can be significant, especially over prolonged periods.
Health Risks of Secondary Asbestos Exposure
Asbestos fibers, once inhaled, can remain in the body for decades, leading to serious illnesses such as:
- Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs or abdomen.
- Asbestosis: Chronic lung disease causing fibrosis of the lungs.
- Lung Cancer: Often indistinguishable from other lung cancers but linked to asbestos exposure.
- Pleural Plaques and Thickening: Non-cancerous changes in the lung lining which may impair breathing.
Research has shown that secondary exposure can result in the same diseases experienced by primary asbestos workers. A study published in the American Journal of Industrial Medicine found that spouses of asbestos workers had an increased risk of mesothelioma, even without direct occupational exposure (Anderson et al., 2016).
Legal Recognition and Case Precedents
The legal system in many countries, including the United States and the United Kingdom, has begun to recognize the rights of individuals suffering from secondary asbestos exposure. Several landmark lawsuits have set precedents for compensating affected family members.
- In the 2013 case of Alcoa v. Alan Bobo, a Texas court awarded damages to a widow who developed mesothelioma from washing her husband’s asbestos-laden clothes.
- The UK Supreme Court’s decision in Willmore v. Knowsley Metropolitan Borough Council (2011) confirmed that even low-level, indirect asbestos exposure could be grounds for a compensation claim.
These cases demonstrate that courts are increasingly willing to hold employers liable for take-home exposure, particularly when they failed to provide adequate warnings or safety measures.
Eligibility for Compensation
Eligibility for compensation typically depends on several factors:
- Proven Exposure: Claimants must demonstrate they were exposed to asbestos through a family member.
- Medical Diagnosis: A confirmed diagnosis of an asbestos-related disease.
- Statute of Limitations: Claims must be filed within a certain timeframe from diagnosis or discovery of exposure.
- Employer Liability: The original employer must be shown to have been negligent in preventing secondary exposure.
Types of Compensation Available
Victims of secondary asbestos exposure may be eligible for various types of compensation:
- Personal Injury Claims: Legal claims filed by the affected family member.
- Wrongful Death Claims: Filed by the deceased victim’s family.
- Asbestos Trust Funds: Established by bankrupt asbestos companies to compensate victims.
- Veterans’ Benefits: Available if the exposure was linked to military service.
According to the RAND Institute for Civil Justice, more than $30 billion has been set aside in asbestos trust funds (RAND Report, 2010). These funds have paid out billions in claims, including for secondary exposure.
Calculating Payouts
The amount of compensation can vary widely based on:
- Severity of the illness
- Medical expenses
- Lost income and earning potential
- Pain and suffering
- Funeral costs in the case of wrongful death
On average, mesothelioma settlements range from $1 million to $2.4 million, according to data from Mealey’s Litigation Report. Trust fund payouts are generally lower but can still provide significant relief, often ranging from $10,000 to over $200,000 per claim.
Filing a Claim
Filing a claim involves several steps:
- Medical Documentation: Secure a diagnosis from a qualified specialist.
- Legal Counsel: Consult an attorney experienced in asbestos litigation.
- Gather Evidence: Prove the connection between the exposure and the asbestos-contaminated workplace.
- Choose Legal Route: Decide whether to file a lawsuit or a trust fund claim.
- Submit Documentation: Ensure all records are complete and submitted within deadlines.
Many law firms offer contingency fee arrangements, meaning they only collect fees if the case is successful.
Challenges in Pursuing Compensation
There are several hurdles that family members may face:
- Proving Exposure Pathways: Demonstrating that asbestos was brought into the home from a specific job site can be difficult.
- Legal Time Limits: The statute of limitations can bar claims if deadlines are missed.
- Bankrupt Defendants: If the employer no longer exists, compensation may only be available through trust funds.
- Jurisdictional Issues: Laws vary by country and even by state, affecting how and where claims can be filed.
Preventing Future Cases
Although asbestos use is banned or restricted in many countries, legacy asbestos remains in older buildings, machinery, and products. Preventative measures include:
- Proper handling and removal of asbestos by licensed professionals
- Education and awareness for workers and families
- Employer accountability for workplace safety and hygiene
- Updated legislation to address evolving exposure risks
Conclusion
Secondary asbestos exposure is a silent but deadly threat that continues to affect thousands of families. For those diagnosed with asbestos-related illnesses due to indirect exposure, compensation can provide much-needed financial relief and a sense of justice. However, navigating the legal landscape requires a clear understanding of rights, responsibilities, and the procedural intricacies involved. By staying informed and seeking professional guidance, family members can assert their rights and potentially secure substantial payouts for the harm they’ve suffered.
References
- Anderson, H. A., et al. (2016). American Journal of Industrial Medicine. https://doi.org/10.1002/ajim.22531
- RAND Institute for Civil Justice. (2010). Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity. https://www.rand.org/pubs/monographs/MG1025.html
- Mealey’s Litigation Report. Asbestos Settlements and Verdicts Statistics. https://www.meadleyspublications.com
