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Frequently Asked Questions
- What is asbestos?
- Where is asbestos found?
- How is asbestos used?
- What happens to asbestos when it enters the environment?
- Why is asbestos harmful?
- How might I be exposed to asbestos?
- How can asbestos affect my health?
- Who is at risk?
- How likely is asbestos to cause cancer?
- How does smoking affect the risk of developing cancer from asbestos?
- What is mesothelioma?
- Who needs to be examined?
- What are the treatments for asbestos-related disease?
- How can workers protect themselves?
- What should people who have been exposed to asbestos do?
- Has the federal government made recommendations to protect human health?
- Can I file an asbestos-related lawsuit?
- When should I contact a lawyer about an asbestos-related lawsuit?
- Are asbestos lawsuits handled as class actions?
- Can I file a lawsuit if a family member has died from an asbestos-related disease?
- Where can I get more information about asbestos-related disease and asbestors lawsuits?
What is asbestos?
Asbestos is the name that's used for a group of six different naturally occurring, fibrous minerals (amosite, chrysotile, crocidolite,
and the fibrous varieties of tremolite, actinolite, and anthophyllite), found in serpentinite and other metamorphic rocks in some areas. Asbestos fibers vary in length and may be straight or curled. Asbestos
fibers can be separated into thin threads and woven. These fibers are not affected by heat or chemicals and do not conduct electricity. For these reasons, asbestos has been widely used in many industries. The
four types of asbestos which have been commonly used are:
Chrysotile, or white asbestos (curly, flexible white fibers), which accounts for about 90 percent of the asbestos currently used in industry;
Amosite (straight, brittle fibers that are light gray to pale brown in color);
Crocidolite, or blue asbestos (straight blue fibers); and
Anthophyllite (brittle white fibers).
Chrysotile asbestos, with its curly fibers, is in the serpentine family of minerals. The other types of asbestos, which all have needlelike
fibers, are known as amphiboles.
Asbestos fibers are resistant to heat and most chemicals. Because of this, asbestos fibers are used for a wide range of
manufactured goods, including insulation products, roofing and siding shingles, ceiling and floor tiles, paper products, heat-resistant clothing, asbestos cement products, friction products (automobile
clutch, brake, and transmission parts), textiles, packaging, gaskets, and coatings. Today asbestos is still used in gaskets, brakes, roofing and other materials. Often
the labels will not say "asbestos" but will refer to "fibers" or be called "fibrated."
Asbestos fiber masses tend to break easily into a dust composed of tiny particles that can float in the air and stick to clothes. The
fibers may be easily inhaled or swallowed and can cause serious health problems, including asbestosis, lung cancer, mesothelioma and various cancers of the digestive tract. There is no known safe
exposure to asbestos.
Where is asbestos found?
Asbestos may be found in insulation around pipes, ducts, and furnaces; in ceiling tiles, vinyl flooring or floor tiles, patching and
coating materials, roofing shingles and siding. Asbestos is also found in the lining of brake shoes in automobiles.
How is asbestos used?
Asbestos has been mined and used commercially in North America since the late 1800s, but its use increased greatly during
World War II. Since then, it has been used in many industries. For example, the building and construction industry uses it for strengthening cement and plastics as well as
for insulation, fireproofing, and sound absorption. The shipbuilding industry has used asbestos to insulate boilers, steam pipes, hot water pipes, and nuclear reactors
in ships. The automotive industry uses asbestos in vehicle brakeshoes and clutch pads. The chemical industry has used asbestos to insulate pipes and vessels, as well as in gaskets, packing and filters.
Asbestos-containing transite pipe and siding has also been used extensively in chemical plants. In addition, the railroad industry has used asbestos extensively for insulation on
its steam locomotives, as well as for insulation throughout its shops and other facilities. More than 5,000 products contain or have contained asbestos, some of which are listed below:
Asbestos cement sheet and pipe products used for water supply and sewage piping, roofing and siding, casings for electrical wires, fire
protection material, chemical tanks, electrical switchboards and components, and residential and industrial building materials;
Friction products, such as clutch facings; brake linings for automobiles, railroad cars, and airplanes; and industrial friction materials;
Products containing asbestos paper, such as table pads and heatprotective mats, heat and electrical wire insulation, industrial filters for
beverages, small appliance components, and underlying material for sheet flooring;
Asbestos textile products, such as packing components, roofing materials, heat and fireresistant clothing, and fireproof draperies; and
Other products, including ceiling and floor tile; gaskets and packings; paints, coatings, and sealants; caulking and patching tape; and plastics.
In the late 1970s, the U.S. Consumer Product Safety Commission banned the use of asbestos in wallboard patching compounds and gas fireplaces because
these products released excessive amounts of asbestos fibers into the environment. In addition, asbestos was voluntarily withdrawn by manufacturers of electric hair dryers.
These and other regulatory actions, coupled with widespread public concern about the hazards of asbestos, have resulted in a significant annual decline in U.S. use of asbestos. Domestic use of asbestos
amounted to about 560,000 metric tons in 1979, but it had dropped to about 55,000 metric tons by 1989.
What happens to asbestos when it enters the environment?
Asbestos can enter the air and water from the weathering of natural deposits and the wearing down of manufactured asbestos
products. Small fibers may remain suspended in the air for a long time before settling. Larger fibers tend to settle more quickly. Asbestos fibers aren't able to move
through soil and are not broken down to other compounds in the environment. Therefore, asbestos fibers can remain in the environment for decades. Asbestos fibers may build up in animals.
Why is asbestos harmful?
When asbestos fibers become damaged, they break down into smaller and smaller fibers, which float into the air and are
inhaled or swallowed. These fibers are too small to be seen by the naked eye; an average human hair is about 1200 times thicker than most asbestos fibers. These fibers lodge in the lining of the lungs causing
scarring. The scarring continues even after exposure is stopped. The fibers also can lodge in the lining of the digestive tract. Asbestosis and mesothelioma are two
diseases caused exclusively by asbestos exposure. A link has also been shown between asbestos exposure and lung cancer.
How might I be exposed to asbestos?
Breathing low levels in air.
Breathing higher levels in air while working in industries that make or use asbestos products or near a building that contains
asbestos products and is being torn down or renovated.
Breathing higher levels in air near an asbestosrelated industry or near an asbestoscontaining waste site.
Drinking water containing asbestos from natural sources or from asbestoscontaining cement pipes in drinking water distribution systems.
How can asbestos affect my health?
There are three exposure routes for asbestos fibers: (1) inhalation via the respiratory system (2) ingestion via the
mouth associated with asbestos fibers in drinking water, or on food products and (3) skin contact. Asbestos mainly affects the lungs, and has been known to cause a
number of disabling and fatal diseases such as asbestosis, lung cancer, mesothelioma and cancers of the digestive tract. There is no safe level of exposure to asbestos;
therefore, all exposure to asbestos should be avoided.
Who is at risk?
Since the early 1940s, millions of American workers have been exposed to asbestos dust. Health hazards from asbestos dust
have been recognized in workers exposed in shipbuilding trades, chemical manufacturing, asbestos mining and milling, manufacturing of asbestos textiles and other asbestos products, insulation work in the
construction and building trades, brake repair, and a variety of other trades. Demolition workers, drywall removers, and firefighters also may be exposed to asbestos dust.
Although it is known that the risk to workers increases with heavier exposure and longer exposure time, investigators have found
asbestosrelated diseases in some shipyard workers exposed to high levels of asbestos fibers for only brief periods (as little as 1 or 2 months). Even workers who may not have worked directly with asbestos but whose
jobs were located near contaminated areas have developed asbestosis, mesothelioma, and other cancers associated with asbestos exposure.
Generally, workers who develop asbestosrelated diseases show no signs of illness until many years after first exposure.
For example, the time between first exposure to asbestos and the appearance of lung cancer is generally 15 years or more; a lag of 30 to 35 years is not unusual. The lag period for the development of mesothelioma
and asbestosis is even greater, sometimes as long as 40 to 45 years.
There is also some evidence that family members of workers heavily exposed to asbestos face an increased risk of
developing mesothelioma and perhaps other asbestosrelated diseases. This risk is thought to result from exposure to asbestos dust brought into the home on the shoes, clothing, skin, and hair of workers.
What is Asbestosis?
Asbestosis is a disease resulting from a slow buildup of permanent scar tissue in the lungs and in the pleural membrane that surrounds
the lungs, which is caused by breathing high levels of asbestos fibers. People with asbestosis have shortness of breath, often along with a cough and sometimes heart enlargement. In addition, asbestosis
increases the risk of dangerous lung infections. Asbestosis is a serious disease and can eventually lead to disability or death.
How likely is asbestos to cause cancer?
The Department of Health and Human Services (DHHS) has determined that asbestos is a known carcinogen.
It is known that asbestos causes cancer in people. There are two types of cancer caused by exposure to asbestos: cancer of
the lung tissue itself and mesothelioma, a cancer of the membrane that surrounds the lung and other internal organs. Both of these are usually fatal. These diseases don't develop immediately, but show up only
after many years.
How does smoking affect the risk of developing cancer from asbestos?
Many studies have shown that the combination of smoking and asbestos exposure is particularly hazardous.
Cigarette smokers, on the average, are 10 times as likely to develop lung cancer as are nonsmokers. For nonsmokers who work with asbestos, the risk is about five times greater
than for those in the general population. By contrast, smokers who also are heavily exposed to asbestos are as much as 90 times more likely to develop lung cancer than are non-exposed individuals who do not
smoke. Smoking does not appear to increase the risk of mesothelioma, however.
There is evidence that quitting smoking will reduce the risk of lung cancer among asbestosexposed workers, perhaps by as
much as half or more after at least 5 years without smoking. People who were exposed to asbestos on the job at any time during their life or who suspect they may have been exposed should not smoke. If they
smoke, they should stop.
What is mesothelioma?
Mesothelioma is a cancer of the mesothelial cells which form a lining around the lungs and the ribs (pleura), or around the
abdominal organs (peritoneum). The only known cause of mesothelioma in the United States is previous exposure to asbestos fibers. This exposure is likely to have happened twenty or more years before the
disease is diagnosed, due to the long latency period for the disease to develop. While mesothelioma has been observed largely in asbestos workers, individuals living in the same household as asbestos workers
also have an increased risk of developing mesothelioma due to their exposure to asbestos which workers brought into the household on their dirty work clothes. Human studies have not demonstrated an
association between cigarette smoking and the development of mesothelioma.
Malignant pleural mesothelioma is a cancer of the cells of the pleura, a lining around the surface of the lungs and ribs. The spread of
the tumor over the pleura causes pleural thickening which can reduce the flexibility of the pleura and encase the lungs in an increasingly restrictive girdle. With the lungs restricted, they get smaller and less
functional, and breathing becomes more difficult. At first a person with mesothelioma may be breathless only when he or she exercises, but as the tumor grows and compresses the lungs, he or she can
become short of breath even while resting. In addition, as the tumor grows outward, it can invade the chest wall and ribs, becoming extremely painful.
Pleural mesothelioma is sometimes diagnosed by coincidence, before there are any symptoms, such as when tumors have been
discovered through routine chest x-rays. However, when symptoms occur, they may include shortness of breath, weakness, weight loss, loss of appetite, chest pains, lower back pains, persistent coughing,
difficulty in swallowing, alone or in combination. An initial medical examination often shows an accumulation of fluid (a pleural effusion) in the pleural space - the area between the lungs and the chest wall.
The first step in detecting pleural mesothelioma is, typically, a chest x-ray, or a CT scan. This is often followed by a
bronchoscopy, using a viewing scope to look inside the lungs. The actual diagnosis usually requires obtaining a piece of tissue through a biopsy. This could be a needle
biopsy, an open biopsy, or through a tube with a camera (thoracoscopy or chest scope.) If an abnormality is seen through the camera then a tissue sample can be taken at the same time, using the same
tube. This is a hospital procedure that requires anesthesia, but is usually not painful. The tissue sample is tested by a pathologist, who will use special lab stains to differentiate between mesothelioma, and
other diseases, such as lung cancer.
As of yet, there is no known cure for malignant pleural mesothelioma. The prognosis depends on various factors,
including the size and stage of the tumor, the extent of the tumor, the cell type, and whether or not the tumor responds to treatment.
Malignant peritoneal mesothelioma is a tumor of the thin membrane of mesothelial cells which cover many of the organs in the
abdomen. As with pleural mesothelioma, the only known cause of peritoneal mesothelioma in the United States is previous exposure to asbestos. There are at least two explanations for how asbestos
fibers can get into the peritoneum. The first is that fibers caught by the mucus of the trachea and bronchi end up being swallowed. Some of them lodge in the intestinal tract and from there they can
move through the intestinal wall into the peritoneum. The second explanation is that fibers that lodge in the lungs can move into the lymphatic system and be transported to the peritoneum.
Peritoneal mesotheliomas account for about one-fifth of all mesotheliomas. The symptoms of peritoneal mesothelioma
typically include abdominal pains, weakness, weight loss, loss of appetite, nausea, and abdominal swelling. Fluid often accumulates in the peritoneal space, a condition known
as ascites. Over time the wasting symptoms can become more and more severe. The growing tumor can exert increasing pressure on the organs in the abdomen, leading to bowel obstruction and
distention. If the tumor presses upward, it can impair breathing capacity. If the tumor pushes against areas with many nerve fibers, and the bowel distends, the amount of pain can increase.
Abdominal x-rays and CT scans are, typically, the first step toward detecting peritoneal mesothelioma. The actual
diagnosis is typically achieved by obtaining a biopsy of the tissue during a peritoneoscopy, and having a pathologist examine the tissue, using microscopic analysis of specialized stains.
There is no known cure, for peritoneal mesothelioma. The prognosis depends on various factors, including the size and stage
of the tumor, its extent, the cell type, and whether or not the tumor responds to treatment.
Who needs to be examined?
Individuals who believe they have been exposed to asbestos dust should inform their physician of their exposure history and any
symptoms. A thorough physical examination, including a chest xray and lung function tests, may be recommended. Interpretation of the chest xray may require the help of a specialist who is experienced in
reading xrays for asbestosrelated diseases. Other tests also may be necessary.
As noted earlier, the symptoms of asbestosrelated diseases may not become apparent for many decades after exposure.
If any of the following symptoms develop, a physical examination should be scheduled without delay:
- Shortness of breath;
- A cough or a change in cough pattern;
- Blood in the sputum (fluid) coughed up from the lungs;
- Pain in the chest or abdomen;
- Difficulty in swallowing or prolonged hoarseness;
- and/or Significant weight loss.
What are the treatments for asbestosrelated diseases?
The key to successful treatment of asbestosrelated diseases lies in early detection. The health problems caused by
asbestosis are due mainly to lung infections, like pneumonia, that attack weakened lungs. Early medical attention and prompt, aggressive treatment offer the best chance
of success in controlling such infections. Depending on the situation, doctors may give a vaccine against influenza or pneumococcal pneumonia as a protective measure.
Treatment of cancer is tailored to the individual patient and may include surgery, anticancer drugs, radiation, or combinations
of these therapies. Information about cancer treatment is available from the National Cancer Institutesupported Cancer Information Service, whose tollfree telephone number is 18004CANCER.
How can workers protect themselves?
Employers are required to follow regulations dealing with asbestos exposure on the job that have been issued by the Occupational
Safety and Health Administration (OSHA), the Federal agency responsible for health and safety regulations in the workplace. Regulations related to mine safety are enforced by the Mine Safety and Health
Administration (MSHA). Workers should use all protective equipment provided by their employers and follow recommended work practices and safety procedures. Workers who are or who have been exposed to
asbestos should not smoke cigarettes.
Workers who are concerned about asbestos exposure in the workplace should discuss the situation with other employees, their
union, and their employers. If necessary, OSHA can provide more information or make an inspection. Information regarding OSHA’s Regional and Area can be located on the internet.
Mine workers may contact MSHA's Office of Standards, Variances, and Regulation at Room 627, 4015 Wilson Boulevard, Arlington, VA 22203; the telephone number is 7032351910.
The National Institute for Occupational Safety and Health (NIOSH) is another Federal agency that is concerned with
asbestos exposure in the workplace. The Institute conducts asbestosrelated research, evaluates work sites for possible health hazards, and makes safety recommendations. In addition, NIOSH
distributes publications on the health effects of asbestos exposure and can suggest additional sources of information. The address is Office of Information,
National Institute of Occupational Safety and Health, 4676 Columbia Parkway/Mailstop C19, Cincinnati, OH 45226. NIOSH’s tollfree telephone number is 1-800-35NIOSH (1-800-356-4674).
What should people who have been exposed to asbestos do?
It is important for exposed individuals to:
- Stop smoking;
- Get regular health checkups;
- Get prompt medical attention for any respiratory illness; and
- Use all protective equipment, work practices, and safety procedures designed for working around asbestos.
Has the federal government made recommendations to protect human health?
In 1989, the EPA banned all new uses of asbestos; uses established before this date are still allowed. The EPA has established
regulations that require school systems to inspect for damaged asbestos and to eliminate or reduce the exposure by removing the asbestos or by covering it up. The EPA has set a limit of 7 million fibers per
liter (MFL) as the concentration of long asbestos fibers that may be present in drinking water. In the United States there are many regulations protecting children, employees, tenants, workers and others
from exposure to asbestos. These include AHERA (schools), OHSA (workers), ASHARA (public buildings) and NESHAPS (emissions).
Can I file an asbestos-related lawsuit?
According to West Virginia state law, anyone can bring an asbestos-related lawsuit within two years of discovering an
asbestos-related illness, regardless of the last time of exposure. This two-year period is called the Statute of Limitations. After two years from discovery of an asbestos-related illness you cannot file a
lawsuit. It’s important to realize that the Statute of Limitations is in regards to when the disease was discovered, not the last time of exposure. Because an asbestos-related illness often does not
become apparent for many years, many lawsuits have been successfully filed over twenty years after the last asbestos exposure, for example.
Be aware that statutes of limitations vary in states other than West Virginia.
When should I contact a lawyer about an asbestos-related lawsuit?
If you believe you have an asbestos-related disease, you should contact a lawyer at once to learn of your rights to file a legal
claim for damages. A lawyer will make sure you follow the necessary steps, from testing to making assurances that the Statute of Limitations does not expire.
Are asbestos lawsuits handled as class actions?
Not necessarily. The most effective manner for recovering damages is to file individual lawsuits against multiple manufactures.
Can I file a lawsuit if a family member has died from an asbestos-related disease?
According to West Virginia state law, the estate of an asbestos-related disease victim can file a Wrongful Death lawsuit within two
years of the victim’s death.
Where can I get more information about asbestos-related disease and asbestos lawsuits?
Hartley & O’Brien is one of the leading law firms in the country in the prosecution of asbestos cases. Please call toll-free at
1-800-363-8591 or e-mail us with an further questions you may have.
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