Negligent exposure to asbestos, herbicides and know health hazzards

Tennessee USA

I have been exposed to asbestos on several occasions, toxic herbicides and high levels of dust containing bird and rat feces by my employer. They were well aware of the contents and was given no protection from the exposure.

Do I have any case on them just for endangering my health as well as my families?
I have not yet been diagnosed with anything but am currently under doctors care for lung problems. What course of action do I have?

wizzard308 said:

Tennessee USA

I have been exposed to asbestos on several occasions, toxic herbicides and high levels of dust containing bird and rat feces by my employer. They were well aware of the contents and was given no protection from the exposure.

Do I have any case on them just for endangering my health as well as my families?
I have not yet been diagnosed with anything but am currently under doctors care for lung problems. What course of action do I have?

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Everyone has the "right" to sue as you know. That's what runs this country of ours. Having said that the facts are clear that employers are responsible for the safety of their employees. Federal and State laws... i.e. liability of manufacturers. Since you are an employee, you are offered protection and safety in a work place as required.
Also manufacturers of dangerous products are also on the hook.

Let me put it this way ... lawyers salivate from this type of lawsuit. They will go on contingency and they will try to get it settled out of court; i.e. basically a legal extortion tactic... it'll cost them too much to defend, why not settle kind of mentality.

I'm not a lawyer, but a consumer and I know how this country works and what runs it. Why do you think there are so many lawyers out there. All they really need is one or two cases and they can be unemployed for another 5 years and wait for another case like yours.

Good luck. ... Doctor's care doesn't mean anything and as they say, symptoms may take years and decades... blah blah blah.

Thank you for your reply. I am having trouble here locally (East Tennessee) finding an attorney who will handle my case. The case has now proceeded into a wrongful termination so I would assume this would be a very lucrative case for an attorney. I really hope that perhaps an attorney could post me some advice as well. Once again thanks, it give me hope to gear something positive.

You see, the lawyers there really want to see you sick first and with the diagnosis of lung cancer from asbestos (there's a medical name for this cancer) so they have something more concrete. May lawyers are unwilling to step in because it is uncertain that you will come down with that disease... another words, very uncertain of their pay day. But, there are plenty of lawsuits based on exposure to asbestos.

sam02135 said:

You see, the lawyers there really want to see you sick first and with the diagnosis of lung cancer from asbestos (there's a medical name for this cancer) so they have something more concrete. May lawyers are unwilling to step in because it is uncertain that you will come down with that disease... another words, very uncertain of their pay day. But, there are plenty of lawsuits based on exposure to asbestos.

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First of all, it's called mesothelioma. There are commercials on ALL THE TIME for class-action lawsuits relating to it.

Secondly, from what OP has posted, it doesn't appear that he has a negligence case - at least not one in which he bears no responsibility.

wizzard308 said:

Thank you for your reply. I am having trouble here locally (East Tennessee) finding an attorney who will handle my case. The case has now proceeded into a wrongful termination so I would assume this would be a very lucrative case for an attorney. I really hope that perhaps an attorney could post me some advice as well. Once again thanks, it give me hope to gear something positive.

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In all honesty, if you cannot find an attorney to take your case it usually indicates you don't have a strong enough case at all.

Well I have contracted what is known as BOOP from being exposed to the dust and bacteria in it.
I really cant see how its not negligence considering we told the employer what the stuff was and he said to us "You can either work or go home" I mean it cant get any more negligent than that. The problem today is workers have far less rights than companies do or at least far less options when it comes to legal matters. Im out of work now and only have 60% lung capacity

wizzard308 said:

Well I have contracted what is known as BOOP from being exposed to the dust and bacteria in it.
I really cant see how its not negligence considering we told the employer what the stuff was and he said to us "You can either work or go home" I mean it cant get any more negligent than that. The problem today is workers have far less rights than companies do or at least far less options when it comes to legal matters. Im out of work now and only have 60% lung capacity

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Interesting. Because the guy that "discovered" BOOP, Dr. Epler? According to HIS website...

Environmental or occupational exposure-related BOOP. BOOP can occur from workplace or environmental exposures, but there have been only 3 reports.

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Sure seems like you either got it somewhere else, or you've been misdiagnosed. The good news is, it's easily treated...

If there are minimal symptoms or no progression, no treatment is necessary. The individuals and chest x-rays can be followed closely until the BOOP disappears.

Most of the time, medication is needed. Since BOOP is inflammation of the lungs, the most appropriate treatment is an anti-inflammation medication. Corticosteroid medication is the current best treatment. This may be given intravenously while in the hospital or given as tablets in the form of prednisone.

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AND, further good news (this is your lucky day) the prognosis is excellent...

Total and permanent recovery is seen in 65 to 80 percent of individuals treated.

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What is BOOP?

It seems unlikely that you can

1) Prove that the illness with which you've been diagnosed was directly caused by any environmental hazards in your workplace.

2) That anything your employer would have done to reduce such hazards would have had an effect on whether or not you ended up with this condition.

3) That you've suffered permanent damages as a result of this condition.

This is why no attorney will take your case.

and a little from the Mayo Clinic:

. Bronchiolitis obliterans with organizing pneumonia isn't associated with infection or lung cancer.

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In many cases, the cause of BOOP can't be determined (idiopathic). But known causes include:

Certain medications
Radiation therapy for breast cancer
Bone marrow transplants
Certain connective tissue disorders, such as lupus
In some people, bronchiolitis obliterans with organizing pneumonia causes no signs or symptoms. It may be found incidentally on a chest X-ray done for some other reason. In others, it may cause shortness of breath and fever. These signs and symptoms usually progress over several weeks. On the chest X-ray, the BOOP may be well localized to one area, or it may involve both lungs extensively.

This condition is difficult to diagnose. A doctor may make a diagnosis of bronchiolitis obliterans with organizing pneumonia based on:

Personal medical history
High-resolution computerized tomography (CT) scan of the lungs
Removal of lung tissue (biopsy) for examination under a microscope
Treatment depends on the underlying cause but may include a steroid medication such as prednisone.

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So, since you current condition is most likely not work related and curable, you have no action against your employer for the exposure, until you have a condition that can be attributed to your exposure.