Learn how to file a claim to maximize your compensation if you develop asbestosis from an exposure at work
Asbestosis remains a serious concern for workers in Charlotte and across North Carolina, especially those in industries where asbestos exposure is an everyday occurrence. Despite advances in workplace safety regulations, today’s workers continue to be diagnosed with this chronic lung disease decades after their exposure.
If you or someone you know has worked in construction, manufacturing, or other high-risk industries, it’s crucial to understand the dangers of asbestos, the signs of asbestosis, and your right to workers’ comp benefits under North Carolina law.
This article will help you understand if you qualify for workers’ comp benefits after exposure to asbestos and how to file a claim to get the compensation you deserve.
What is asbestosis?
Asbestosis is a chronic lung disease caused by long-term exposure to asbestos fibers. When asbestos fibers are inhaled, they can become trapped in the lungs, leading to inflammation and scarring of lung tissue over time.
Black lung disease, also known as coal worker’s pneumoconiosis, is another serious lung condition caused by inhaling coal dust over extended periods. Similar to asbestosis, it results in lung scarring and respiratory difficulties.
This scarring reduces the elasticity of the lungs, making it harder for affected individuals to breathe. Asbestosis and black lung disease usually develop after many years of exposure and tends to progress slowly.
Is there a difference between asbestosis and mesothelioma?
Yes, while both asbestosis and mesothelioma are caused by asbestos exposure, they are distinct diseases that can affect different parts of the body.
- Asbestosis is a non-cancerous lung disease caused by the accumulation of asbestos fibers in the lungs, leading to scarring (fibrosis) and reduced lung function. While it is not cancer, it can cause serious damage to the lungs and increase the risk of developing lung cancer.
- Mesothelioma is a rare and aggressive cancer that affects the lining (mesothelium) of certain organs, most commonly the lungs, but also the abdomen or heart. Like asbestosis, mesothelioma is directly linked to asbestos exposure, and it can take decades to develop after the initial exposure.
In short, asbestosis is a chronic lung disease, while mesothelioma is a type of cancer that forms in the protective linings of organs; both are caused by asbestos exposure, but mesothelioma is considered more serious.
What are the first signs of asbestosis?
The first signs of asbestosis often come on slowly and include shortness of breath during physical activity, a persistent dry cough, and mild chest discomfort. These early symptoms can be subtle and are typically linked to lung scarring caused by prolonged exposure to asbestos.
As the disease progresses, the symptoms can worsen, making breathing and daily activities more difficult. In more advanced stages, additional symptoms may appear, including:
- Fatigue
- Wheezing
- Chest pain
- Loss of appetite
- Clubbing of the fingers or toes, where they become wider and rounder
If you suspect that you’ve been exposed to asbestos, it’s important to visit a doctor as soon as possible. Early detection and proper care can help slow the progression of asbestosis and improve your quality of life.
Can asbestosis be cured if caught early?
Unfortunately, asbestosis cannot be cured, even if it’s caught early. The lung damage caused by asbestos fibers is permanent, as the scarring of lung tissue cannot be reversed.
Treatments, such as medications to improve lung function and oxygen therapy, can help relieve symptoms and improve the quality of life for individuals with asbestosis. Regular monitoring and lifestyle changes, like avoiding further asbestos exposure and quitting smoking, can also make a significant difference in managing the condition.
What is the life expectancy of someone with asbestosis?
The life expectancy of someone with asbestosis varies based on factors such as the severity of the disease, the level of asbestos exposure, age, and overall health. According to the Cleveland Clinic, the average life expectancy is around 10 years, though this can differ depending on these factors.
While asbestosis itself is not usually fatal, it can lead to complications like lung infections, respiratory failure, or a higher risk of lung cancer, all of which may reduce life expectancy.
Individuals with mild asbestosis can often live for many years with proper management and lifestyle adjustments. However, those with more advanced stages of the disease may face a less favorable prognosis, especially if lung cancer or mesothelioma develops.
Who is most likely to get asbestosis?
Asbestosis primarily affects individuals with long-term, high-level exposure to asbestos, particularly in industries where asbestos is or was widely used. The highest risk of asbestos exposure occurred before the 1970s, but exposure remains an issue for many workers today.
Workers at the highest risk of asbestosis include:
- Construction workers and roofers involved in the demolition or renovation of older buildings
- Shipyard workers who built or maintained ships containing asbestos materials
- Miners involved in asbestos mining or in mines where asbestos was a byproduct
- Manufacturing workers who produced asbestos-containing products like cement, roofing, or textiles
- Firefighters and other first responders exposed to asbestos during fire responses, especially in older structures or buildings under demolition
- Insulation installers who handled asbestos-based insulation
- Auto mechanics who worked with asbestos-containing brakes, clutches, or parts
- Plumbers, pipefitters, and electricians who worked in buildings with asbestos
Since asbestosis has a long latency period, new cases continue to emerge, but most are linked to past exposures when safety measures were not yet in place. While workplace regulations have significantly reduced the risk, accidental asbestos exposure can still happen despite current safety measures.
Can I get workers’ comp for asbestosis in NC?
Yes, you can seek workers’ compensation for asbestosis in North Carolina. Most businesses in the state with 3 or more employees are required to carry workers’ compensation insurance. However, there are exceptions, including agricultural operations with fewer than 10 employees, certain sawmill and logging companies, railroad employees, domestic workers, and independent contractors.
Workers who are eligible for workers’ comp do not need to prove that anyone is at fault for their illness; they only need to be able to prove that their occupational illness is a direct result of their job. Since asbestosis is common in certain industries and workers, this is usually pretty straightforward.
However, if you’ve worked multiple jobs for different employers and need help gathering evidence to prove a connection between your illness and a specific job, you should consult a local Charlotte workers’ compensation attorney for help. They have the knowledge and resources to pinpoint the job or exposure responsible for your asbestosis, and they can collaborate with local medical experts to strengthen the link between your illness and your work.
What workers’ comp benefits can I get for asbestosis?
Workers’ compensation benefits for asbestosis in North Carolina may include:
- Medical benefits. Workers’ compensation generally covers all necessary medical treatments for asbestosis, such as hospital visits, medications, and ongoing care.
- Wage loss benefits. If asbestosis affects your ability to work, you may be eligible for wage loss benefits. These typically amount to two-thirds of your average weekly earnings. Workers who are unable to return to work due to the severity of their asbestosis may be entitled to permanent total disability (PTD) benefits.
- Vocational rehabilitation. If asbestosis prevents you from returning to your previous job but you are still able to work in a different industry, vocational rehabilitation services may be available for education and job retraining.
- Death benefits. In cases where asbestosis leads to a worker’s death, their dependents may receive death benefits, which can include partial income replacement and funeral or burial expenses.
How do I file for workers’ comp in NC for asbestosis?
Filing for workers’ compensation in North Carolina for asbestosis involves several important steps that are crucial to ensuring you remain eligible for compensation:
- Seek medical care. The first step is to seek medical treatment to document your condition. This ensures there is a medical record that links your asbestosis to your workplace exposure. In most cases, you will need to seek care from an employer-approved physician if you want to be covered under workers’ comp.
- Notify your employer. Next, you’ll need to inform your employer of your diagnosis in writing within 30 days. Failure to report the injury promptly after a diagnosis could lead to your claim being denied.
- Submit Form 18. To formally start your workers’ comp claim, complete and submit Form 18 to the North Carolina Industrial Commission (NCIC). It’s important to do this as soon as possible, but no later than 2 years after your diagnosis. Submit 2 copies to the NCIC, 1 to your employer, and keep 1 for yourself.
- Await insurance response. After receiving your Form 18, the insurance company has 14 days to notify you in writing whether they accept or deny your claim.
Consider hiring an attorney to help with your claim, especially if your claim is denied, as an attorney can help guide you through the appeals process and ensure you get the benefits you deserve.
Suffering from asbestosis in North Carolina? Wilder Pantazis Law Group can help!
Workers’ compensation claims for conditions like asbestosis can be more complex than they seem. Many claims face denial due to incomplete documentation or other technicalities. By working with the experienced Charlotte work injury attorneys at Wilder Pantazis Law Group from the start, you can avoid common pitfalls and ensure your claim is handled properly.
With over 85 years of combined experience, our team is dedicated to helping injured workers in North and South Carolina recover the maximum compensation they deserve. We offer free consultations and work on a contingency basis—so you won’t pay any fees unless we win your case.
If you’re facing an asbestosis diagnosis and need help with your workers’ compensation claim, don’t hesitate to contact us. We’re here to support you every step of the way.
Schedule your free consultation today with Wilder Pantazis Law Group.
References
Cleveland Clinic. “Asbestosis: Causes, Symptoms, Diagnosis & Treatment.” Cleveland Clinic, 27 Dec. 2021, my.clevelandclinic.org/health/diseases/22245-asbestosis