Related Topics ► Other TopicsNebraska (NE) Mesothelioma and Asbestos Exposure
While asbestos related deaths in Nebraska are lower than in many states, there are several problems areas for the residents of Nebraska. In addition to the more traditional workplace exposure problems that many states suffer from, Nebraska was once the home of Western Mineral Products, which was located in Omaha.
Western Mineral Products was a manufacturing plant that received shipments of vermiculite from Libby, Montana. This vermiculite was later found to have high levels of naturally occurring asbestos. From 1948 to 1993, Western Mineral Products received over 131,000 tons of vermiculite from Libby.
Once the vermiculite arrived in Nebraska, it was "popped" a process used to expand the vermiculite so that it could be used as attic insulation and as a lightweight addition to concrete. The popping process releases a huge volume of dust, which has led to concerns over not only a high level of work place exposure, but also exposure by residents that live and go to school around the Western Mineral Products plant.
At Risk Occupations and Locations in Nebraska
In addition to the exposure concerns for those living around the Western Mineral Products plant, there are a variety of occupations that have a high risk of exposure. Power plant workers often suffer from a high incidence of asbestos exposure. For over fifty years, power companies used asbestos in nearly every material used inside their plants. Because of the indestructible, insulating and fire retardant attributes of asbestos, it made the perfect material for use in power plants. Asbestos was used as a flame retardant in electrical wiring, panel partitions and electrical cloth. In addition, many times the electrical conduits were packed with insulation.
Another high risk occupation for asbestos exposure in Nebraska is among those who were employed in the petroleum industry. Like the power plant employees, those who worked in the petroleum industry were likely exposed to asbestos through building materials that were originally designed to protect the worker.
Four of the five cases that are pending in federal court regarding asbestos exposure in Nebraska list Burlington Northern Santa Fe Railway Company as a defendant. The railway considers working around steam locomotive engines to be the main source of exposure. These steam locomotive engines were phased out by 1967.
Asbestos Related Deaths in Nebraska
Asbestos related deaths in Nebraska are lower than in many other states, but that may change as the full effects of the Western Mineral Products exposure is seen. Because the latency between exposure to asbestos and the development of health problems can stretch to fifty years, it may be 2020 before we know the full extent of exposure from the contaminated vermiculite.
Legal Resources for Nebraska State Residents
The Agency for Toxic Substances and Disease Registry considers the Western Mineral Products plant to have been a hazardous site prior to the clean up by the new owner. If you lived or worked in the area around the Western Mineral Products plant, they recommend visiting with a physician that specializes in asbestos related diseases.
If you are diagnosed with an illness that can be tied to asbestos exposure,you may consider filing a lawsuit against the company responsible for the asbestos exposure. When filing a lawsuit, you must be aware of the statute of limitations in your state. Fortunately, the government has recognized the long period of time between exposure to asbestos and the onset of disease. Because of this, the statute of limitations does not take effect until the time that you are diagnosed. Each state has its own statute of limitations, but they typically range from one to three years after diagnosis.
In Nebraska, the statute of limitations is four years after the diagnosis of disease, while in the case of wrongful death, it is two years. This means that you must file a lawsuit within four years of your diagnosis of an asbestos related disease, or if you or your family member die of a disease related to asbestos exposure, the remaining family members must file a wrongful death claim within two years.
Ben Nelson, a senator for the state of Nebraska is deeply involved in developing a plan to compensate victims of asbestos exposure. The opinions on his plan are mixed. While the plan for a nationwide trust fund that would pay asbestos related claims sounds attractive, some see it as a bail out for the companies that did not protect their workers adequately.
With a trust fund system, the injured party would not be required to take their case to court, they would submit their claim for approval to the designated trustee. While this would simplify the case for many injured workers, it would also eliminate the large punitive damage payouts that are often a part of a jury trial. The planned asbestos trust fund, containing $108 billion dollars, would be financed through existing asbestos trust funds, insurance companies and contributions from companies that are still in business. While it would not use tax payers dollars, some still see it as a bail out that will reduce the amount that an injured worker can collect.
State Index
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