A guide for Great Falls workers who develop a serious illness or disease from long-term asbestos exposure at work
Asbestos exposure remains a concern for workers in Montana, particularly those in the construction, mining, and manufacturing industries. Despite increased awareness and regulatory measures in recent decades, many workers are still exposed to dangerous levels of asbestos at work, putting them at risk of serious occupational illnesses like asbestosis and mesothelioma.
Understanding how to protect yourself from asbestos in the workplace, recognizing the symptoms of exposure and related illnesses, and knowing your rights under Montana law are crucial to protecting your health and securing the workers’ comp benefits you deserve.
If asbestos exposure at work has made you sick, get the legal help you need to recover maximum compensation. Schedule a free consultation with the experienced Great Falls work injury attorneys at Murphy Law Firm today to learn how we can help with your claim.
What is asbestos?
Asbestos is a naturally occurring mineral composed of thin, microscopic fibers. It’s widely used in construction and industrial materials for its durability, heat resistance, and insulating properties. Six main types exist, which can be categorized into 2 groups: serpentine (chrysotile) and amphibole (amosite, crocidolite, tremolite, anthophyllite, and actinolite).
According to Mesothelioma Hope, chrysotile, also known as white asbestos, accounts for approximately 90-95% of the asbestos used in the United States.
Asbestos, left to itself, doesn’t pose a serious health risk. However, when asbestos fibers are disturbed, they can become airborne and inhaled. Prolonged exposure to these airborne fibers can lead to severe health issues, including:
- Asbestosis. Scarring of lung tissue that leads to breathing difficulties
- Mesothelioma. A rare cancer that affects the lining of the lungs, abdomen, or heart
- Lung cancer. Particularly among individuals who smoke and are exposed to asbestos
Due to these risks, the use of asbestos is heavily regulated or banned in many countries. However, it’s still commonly used in some industries and may still be present in older buildings and products, making proper handling and removal critical to prevent exposure.
What types of workers are most likely to be exposed to asbestos?
While asbestos is much less prevalent in the U.S. now than it was in the past, it’s still a concern among certain types of workers. In fact, according to Mesothelioma Hope, between 1940 and 1980, an estimated 27 million American workers were exposed to asbestos before strict regulations were implemented.
Today, around 1.3 million workers in the United States continue to face asbestos exposure in their workplaces. Workers who are most at risk of asbestos exposure in the U.S. include:
- Construction workers and roofers are especially at risk when involved in the demolition, renovation, or repair of older buildings containing asbestos.
- Factory workers who manufacture products containing asbestos.
- Shipyard workers face significant exposure, as many ships built before the 1980s used asbestos in insulation and other components.
- Plumbers who work with boilers, pipes, or other equipment that contains asbestos parts.
- Firefighters and first responders can be exposed to asbestos-containing materials in older buildings during fires or structural collapses.
- Automotive workers are particularly vulnerable when repairing brakes, clutches, or other parts that contain asbestos.
- Miners face potential exposure when working in asbestos mines or extracting other minerals contaminated with asbestos.
Proper training, protective equipment, and safety protocols are critical to minimizing exposure for workers in these industries. Unfortunately, many employers fail to provide adequate protection, leaving workers vulnerable to asbestos-related diseases like mesothelioma and asbestosis.
If you or a loved one has been affected, consulting a local Montana workers’ compensation attorney can help ensure you have access to the medical care and other benefits provided through workers’ comp.
How To Appeal a Workers’ Comp Claim Denial in Montana
A denied workers’ comp claim isn’t necessarily the end. Learn the steps to take to appeal a denied claim in Montana.
What happens if you are exposed to asbestos at work?
Exposure to asbestos at work can lead to serious health risks, often with symptoms appearing years after initial contact. Asbestos fibers, when inhaled, can cause lasting damage to the lungs and other tissues, resulting in debilitating illnesses. Workers exposed to asbestos should watch for symptoms such as:
- Persistent, dry coughing
- Shortness of breath or difficulty breathing
- Chest pain or tightness
- Fatigue and overall weakness
- Unexplained weight loss or loss of appetite
- Crackling or wheezing sounds while breathing
Recognizing these symptoms early is crucial, as conditions like mesothelioma, asbestosis, and lung cancer are more effectively managed when diagnosed in their early stages. Workers concerned about exposure should seek medical attention and explore options for monitoring and treatment with their doctor.
How long after asbestos exposure do symptoms appear?
According to the Cleveland Clinic, symptoms may not appear until 30 to 40 years after exposure to asbestos. The onset of asbestos-related diseases is influenced by factors such as the duration and intensity of exposure, the type of asbestos, and individual health, including smoking history.
Research suggests that up to 20% of workers exposed to asbestos may develop an asbestos-related illness at some point in their lives.
Asbestosis may present symptoms earlier, but cancers like mesothelioma often take decades to develop. This long latency period makes early detection and diagnosis particularly challenging, especially for individuals who may not connect their current health issues to past exposure.
Can I claim compensation for asbestos exposure in Montana?
Yes, you can file a workers’ compensation claim in Montana for illnesses and diseases caused by workplace asbestos exposure. Montana law requires all workplaces with 1 or more employees to carry workers’ comp insurance, which covers occupational diseases, including those caused by asbestos.
Due to the long latency period of asbestos-related illnesses, it’s essential to report your illness to your employer within 30 days of being diagnosed with an asbestos-related disease. You must also file a claim with the Montana Department of Labor and Industry within 1 year using the First Report of Injury or Occupational Disease form.
While workers’ compensation insurance is no-fault insurance, meaning you don’t have to prove your employer was at fault for your illness, you do have to prove that it was directly caused by your job.
Proving that asbestos exposure is work-related can be challenging without the help of an attorney. A Montana work injury attorney familiar with asbestos claims can help you gather evidence like employment records showing that you worked in a high-risk job and connect you with medical and vocational experts who can help establish the connection between your workplace and your illness.
What benefits do I get for asbestos exposure through workers’ comp in Montana?
If you qualify for workers’ compensation benefits in Montana due to asbestos exposure, you may be entitled to several types of benefits, including:
- Medical benefits. Coverage for diagnostic tests, treatments, medications, surgeries, and ongoing medical care related to asbestos-related diseases like mesothelioma, asbestosis, or lung cancer.
- Wage replacement benefits. Temporary or permanent disability benefits to compensate for lost income if you’re unable to work or have reduced earning capacity due to your condition.
- Vocational rehabilitation. Provides help with job retraining or job placement if you cannot return to your previous occupation.
- Death benefits. If the asbestos-related illness leads to death, dependents or family members can receive compensation to help with funeral expenses and lost income.
The amount and duration of these benefits depend on the severity of the illness and its impact on your ability to work. Consulting with a local Great Falls workers’ compensation attorney can help you navigate the claims process and ensure you receive the maximum benefits allowed under Montana law.
Where can I find a Montana asbestos attorney to help with my workers’ comp claim?
If you’ve developed mesothelioma or any other asbestos-related illness due to workplace exposure in Montana, don’t face the challenges of filing a workers’ compensation claim alone.
At Murphy Law Firm, our knowledgeable Great Falls workers’ compensation lawyers have over 75 years of combined experience helping workers in Montana secure the compensation they’re rightfully owed after a serious occupational illness or injury. Let us help you cut through the red tape, build a strong case, and get you the full compensation you deserve.
Contact Murphy Law Firm today for a free consultation and learn how we can help maximize your workers’ comp benefits.
References
Cleveland Clinic. (2022, January 10). Asbestosis: Causes, Symptoms, Diagnosis & Treatment. Cleveland Clinic. https://my.clevelandclinic.org/health/diseases/22245-asbestosis
Wright, L. (2024, October 14). Asbestos Statistics | International Asbestos Facts & Figures. MesotheliomaHope.com. https://www.mesotheliomahope.com/asbestos/statistics/
