The whole country faces the threat of asbestos from its heavy past use.
Agencies, like the EPA, have regulations in place to help prevent exposure.
Understanding asbestos use and laws in your state can help prevent exposure.
Asbestos victims have legal rights and may be eligible to file a claim.
Asbestos is a problem throughout the world. Though many countries have banned the toxin, the United States still merely regulates its use. While asbestos hasn’t been mined since 2002 and isn’t actively produced, the EPA estimates 340 metric tons of raw asbestos were imported in 2016. In addition, naturally occurring asbestos as well as the asbestos lingering in older products and buildings, people all over the country are at risk of exposure.
Asbestos Exposure and Mesothelioma Risk in Your State
The threat of asbestos exposure is a widespread problem. Some states, like California and Arizona, have a larger occurrence of natural asbestos in the environment that can contribute to a higher risk of mesothelioma. Other parts of the country, like New York, have a large number of industries and job sites that contain large amounts of asbestos, which significantly increases the risk of asbestos exposure for employees and the public.
Treatment for Mesothelioma
Mesothelioma has a long latency period, so symptoms don’t appear for decades after initial asbestos exposure. Symptoms are nonspecific and can be misdiagnosed as other ailments, so it’s important to keep track of what you are experiencing and tell your doctor if you think you were exposed to asbestos. Early detection is crucial for a mesothelioma diagnosis.
Though mesothelioma specialists are few and scattered at different institutions around the country, there are many hospitals and cancer clinics in each state that are equipped to treat mesothelioma.
Asbestos Laws & Regulations
The majority of asbestos regulations come from federal agencies, including the Environmental Protection Agency (EPA) and the Occupational Safety & Health Administration (OSHA). The EPA’s main authority comes from the Clean Air Act and the Toxic Substances Control Act.
Under the Clean Air Act, the EPA developed the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) to protect the public from airborne contaminants that pose a health risk. NESHAP is one of the most impactful regulations around the handling of asbestos, and it is overlooked by state environmental agencies.
NESHAP regulations specify how asbestos removal projects must be handled in the renovation or demolition of various structures and buildings, though it does not include a singular household or residences with four or less units. In general, the regulations require an inspection to occur before any construction can begin, along with appropriate measures to encapsulate or remove any present asbestos materials and ensure they are disposed of properly.
While some states merely adopt the EPA’s NESHAP standards, there are many that go beyond these guidelines to better protect their citizens. In some instances, like in North Carolina and Pennsylvania, certain counties have implemented additional asbestos regulations, particularly for its removal and cleanup.
Mesothelioma Lawsuits in your State
If you or a loved one is diagnosed with mesothelioma, you may be eligible for compensation to recover lost wages and assist with the heavy medical bills the disease will cause. A mesothelioma attorney can help you determine the best option for your individual case.
Depending on the type of claim filed, each state has a different statute of limitations. For personal injury claims, a mesothelioma patient will have to file by a certain amount of time after diagnosis. In the case of wrongful death claims, the deceased’s surviving family has a window of time after the patient’s death to file a claim.
Mesothelioma Statute of Limitations
|Length of Statute||Personal Injury Claims||Wrongful Death Claims|
|1 year||California, Kentucky, Louisiana, Tennessee||California, Kentucky, Louisiana, Tennessee, Washington D.C.|
|2 years||Alabama, Alaska, Arizona, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, West Virginia||Alabama, Alaska, Arizona, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming|
|3 years||Arkansas, Connecticut, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Washington, Washington D.C., Wisconsin||Arkansas, Connecticut, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Oregon, Rhode Island, South Carolina, South Dakota, Washington, Wisconsin|
|4 years||Florida, Minnesota, Nebraska, Wyoming||N/A|
|6 years||Maine, North Dakota||N/A|