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Insulation injury and asbestos insurance
Why Is Asbestos Bad for Your Health?
Because of its long-lasting and fibrous nature, asbestos can
produce dust which, when inhaled, becomes stored in the lungs causing or
contributing to the development of serious life-threatening diseases including
asbestosis (fibrous scar tissue of the lungs) and mesothelioma (a form of
cancer malignant lining of the chest or abdominal cavity). These diseases
generally require long-term repeated exposure to cause disease, so that
one-time exposure is rarely a concern.
Due to health problems, all new asbestos use in the United
States was temporarily banned in July 1989. That year, EPA issued Asbestos:
Industry, Import, Processing, and Distribution of Trade Prohibition, the effect
of which would eventually ban 94 percent of asbestos used in US (based on 1985
estimates). However, the rules were emptied after challenges in federal court,
which overturned the 1989 ban. In 1990, the EPA prohibited the use of sprays
containing approximately 1 percent of asbestos for buildings, structures and
other applications.
Even with government regulations, asbestos-related lawsuits
have been filed regularly since the 1960s, and continue to be frequently raised
today. But despite the legality of many applications involving asbestos, after
the lifting of the 1989 ban, manufacturers have mainly avoided using it to
limit their legal exposure.
How to Identify Asbestos
Because asbestos can also cause enormous harm to humans, you
might be wondering how to identify asbestos to avoid exposure. The truth is,
you might not find it in nature because you have to be mined out of the ground
first. And because it usually blends into a finished product, you might not
recognize asbestos when dealing with it. Therefore, it is important to
understand the types of products where asbestos can lurk, including the
following:
- Pipe wrapping
- Roof feels
- Vinyl floor tiles
- Semen shingles and other cement products
- Disc brake pads and other auto parts
- Roof linings
Who Is At Risk for Asbestos?
Many people wonder if they are, or have been, exposed to
health risks caused by asbestos. Health hazards from asbestos dust have been
known to workers exposed to the trade in shipbuilding, mining and asbestos
milling, manufacturing of asbestos textiles and other asbestos products,
insulation work in construction and trade in buildings, brake repair, and
various other trades. Demolition workers, gypsum removers, and firefighters can
also be exposed to asbestos dust.
People whose jobs like to make them relate to asbestos
workers who renovate buildings with asbestos in them, such as inhaling fiber in
the air, this is called occupational exposure. Families of workers can breathe
asbestos fibers released by clothing that has come into contact with materials
containing asbestos, called paraoccupational exposure. People who live or work
near asbestos-related operations may breathe asbestos fibers that have been
released into the air by these operations called environmental exposure.
The amount of asbestos where a person is exposed will vary
depending on:
- The concentration of fiber in the air
- Duration of exposure
- A person's breathing rate (workers who do manual labor
breathe faster)
- weather conditions
- Whatever protective equipment that person may wear
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Although it is known that the risk to workers increases with
considerable exposure and longer exposure times, researchers have found
asbestos-related diseases in individuals who only have a brief exposure.
Workers suffering from asbestos related diseases may not show signs of disease
for a long time after their first exposure. It takes approximately 10 to 40 years
for symptoms of asbestos-related conditions to appear. Because of this
time-lapse problem, many countries allow people to file lawsuits within a
certain period of time after an injury is found.
Compensation for Asbestos Exposure Injuries
Many of the effects of toxic asbestos exposure are permanent
and also cannot be restored. Although the law seeks to place the injured person
in the position he experienced before the injury, this is usually not possible.
Instead, economic compensation which is considered equivalent to damage to the
victim is given. The plaintiff who can prove he is exposed to asbestos may
recover for the economic and non-economic consequences of that exposure,
including:
- Costs of past and future medical care
- Rehabilitation costs needed
- Loss of past and future wages
- lost income capacity
- lose the pleasure of life
- emotional difficulties
- Pain and suffering of the past and future
Other types of damage that plaintiffs can recover from
asbestos are "punitive" damages. Penal damage is intended not to
compensate the victim for his loss, but to punish the accused's wrong behavior.
Even though penalty damage awards receive a lot of media attention, they are
actually very rare. The amount of compensation provided is usually based on the
wealth of the defendant and the magnitude of his wrong behavior. Some states
require that some compensation be paid to the state.
Ask Lawyers to Evaluate Your Asbestos Claims
If you are concerned about the possibility of exposure to
asbestos, or if you or a loved one suffers from asbestosis, mesothelioma, or
other medical conditions associated with asbestos exposure, you must take
action to always protect your legal rights. A good first step is to get an
evaluation of claims from an attorney who is experienced with matters relating
to asbestos.
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Asbestos in
Isolation Products
The ban on
isolation containing asbestos did not occur until the early 1970s and many
companies continued to install it until supplies ran out in 1977. In 1991, the
US Environmental Protection Agency (EPA) lifted the ban and allowed the company
to produce asbestos insulation products provided it contained less than 1
percent asbestos.
Because
product manufacturers consciously incorporate asbestos into isolation after
learning that it is dangerous, thousands have filed suit against producers as a
result of developing asbestos-related diseases.
High Risk
Asbestos Exposure to Insulators
Isolation
can be grouped into six main categories:
Pipes They are often used to control the temperature of steam pipes in industrial and
maritime applications. The insulation of asbestos pipes found today is usually
old, brittle and therefore very dangerous. It remains one of the most dangerous
asbestos products found in homes and buildings.
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