Mesothelioma is caused by asbestos exposure over the long term. The previous widespread use of asbestos in seafaring vessels, combined with a lack of safety regulations has resulted in maritime workers experiencing some of the highest rates of mesothelioma in the maritime industry.
Mesothelioma: What You Need to Know
Mesothelioma is a rare but aggressive cancer characterized by the development of tumors on the lining of organ tissue. Typically, this cancer begins in the lungs (pleural mesothelioma), abdomen (peritoneal mesothelioma), or heart (pericardial mesothelioma).
This type of cancer is caused by long-term exposure to asbestos, which has largely insoluble fibers that can be inhaled but not removed. Instead, a type of scar tissue develops that can cause lung function to decline over time.
Those with mesothelioma may not show symptoms for several years after being exposed to asbestos. Mesothelioma symptoms include:
- Shortness of breath
- Stomach pain
- Chest pain
- Weight loss
- Fatigue
- Abdominal swelling
It can be between 30 and 45 years on average before those with mesothelioma ever experience symptoms of the disease.1 As well, mesothelioma is often undiagnosed due to the fact that its symptoms mimic those of many other diseases.
While mesothelioma treatment methods include radiation, immunotherapy, chemotherapy, surgery, and tumor treating fields, it is incurable. The prognosis for those with the disease depends on a number of factors, including:
- Type of mesothelioma
- Stage of the disease
- Age and health of the patient
Why Do Ships Have Asbestos-Containing Materials?
It may surprise you to know that there are so many sources of asbestos-containing materials (ACMs) in the maritime industry, especially considering that 55 countries have now banned them.2
Asbestos was once thought to be completely safe. Not only that, but this material was found to be ideal for use on ships because of its ability to resist corrosion and high temperatures.
Therefore, ACMs were used on most of the ships constructed between the early 1900s and 1970s, with two of the six most-toxic types being the most commonly used.3 Just a few of the many typical locations for ACMs on ships include insulation, packing, gaskets and ceiling, wall, and floor panels.
Why Maritime Workers Are at Such High Risk of Developing Mesothelioma
Why do so many maritime workers develop heart, abdominal, or lung cancer? Because there are so many risk factors present on cruise ships, water transportation, and international trade vessels.
Because it was deemed to be the best way to fireproof and insulate so many parts of a ship, asbestos can be found just about anywhere. The material itself is very easy to disturb and become inhaled, especially asbestos that was applied in spray form.
Asbestos can usually be found in poorly ventilated areas on ships. Therefore, should a marine engineering or other area containing asbestos be disturbed, its light and sometimes microscopic fibers can remain airborne indefinitely. Asbestos fibers are so easy to disturb that a ship’s constant movement is enough to make them airborne and cause them to become ingested.
Combine the above with the fact that maritime workers living and working on ships can be exposed to asbestos for as many as 24 hours per day, and the reason why they are at such high risk of developing mesothelioma becomes clear.
Unfortunately, exposure doesn’t end at the maritime worker; returning home with asbestos fibers on their clothing and travel bags can also expose family members and pets to this dangerous material.
Getting Compensation: Is It Possible?
The short answer is yes. If you are a maritime worker who spends at least 30% of your time working on a vessel in navigation, you qualify as a Jones Act seaman.
Under the Act, vessel owners and employers are required to provide their employees with reasonably safe working conditions, and it allows employees to file lawsuits against their employers for injuries caused by negligence. This includes asbestos exposure and the resulting development of mesothelioma.
Under the Jones Act, you can file a lawsuit for your medical expenses and lost income if you become injured while in the workplace, as well as if you were exposed to and were diagnosed with mesothelioma as a result of working on an asbestos ship.
You can also file a lawsuit if your employer failed to provide adequate medical care, or failed to comply with safety requirements that resulted in your becoming injured.
How Much Compensation Can You Receive?
The amount you can be compensated for your injuries under the Jones Act will vary widely because it depends on the amount of money you lost in wages and capacity to earn in the future, as well as the total amount required for your medical expenses. Your pain and suffering, as well as any punitive damages also factor into compensation amounts.
Why It’s Important to Choose an Experienced Maritime Lawyer
Many maritime injury lawsuits filed under the Jones Act have a 3-year statute of limitations. However, with mesothelioma, it may be decades before a maritime worker begins to experience symptoms or is even diagnosed with mesothelioma.
It’s these and other challenges maritime employees face that makes it important to seek out a mesothelioma lawyer who possesses extensive Jones Act experience. Such an attorney can help you confirm your ability to file a Jones Act claim and help you gather evidence that your employer was negligent.
The right attorney will also help you file a lawsuit or claim and get compensation for your financial obligations, including compensation for treating mesothelioma.
Maritime workplaces should already have safety protocols and regulations in place to protect their employees from asbestos exposure, and should accept responsibility for their negligence, but the reality is far different.
Schechter, Shaffer & Harris—Maintenance and Cure—are Jones Act attorneys with a combined 145 years of trial experience. We have recovered over $800 million for our clients; get more information about us, contact us for a free case review, or get information about our maritime asbestos legal clinic.
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