Related Topics ► Other TopicsNew Hampshire (NH) Mesothelioma and Asbestos Exposure
Many New England states have some locations with naturally-occurring asbestos, but New Hampshire is not one of them. Despite this, there is a number of jobsites and other locations-even including schools and public buildings - where workers may be exposed to asbestos.
At-Risk Occupations and Locations in New Hampshire
Workers at as many as fifty different jobsites may be at risk of asbestos exposure. The list includes pulp and paper mills, oil refineries, chemical companies, power plants, jobsites of other manufacturing industries, and Air Force and Navy bases. Also on the list are several educational institutions, and some commercial buildings. The inclusion of non-industrial sites may be surprising, but it's important to remember that between the 1940s and the mid-1980s, asbestos was widely used in construction materials, and the use of these materials was not limited to industrial construction.
Asbestos was used in construction to make these buildings safer and more resistant to fire. However, as asbestos-containing materials age and deteriorate, they are more likely to release fibers into the air. Exposure to inhalable airborne asbestos fibers can cause serious and incurable diseases such as asbestosis, and a rare but devastating form of cancer called mesothelioma.
If you or someone you know works in one of these types of jobsites, it's important to understand that regular getting check-ups for signs of asbestos-related disease is important for personal health and for legal reasons. Asbestos-related diseases have long latency periods. This means that you may have been exposed to asbestos two or more decades ago and still not show signs of disease. It's also important to make sure your doctor knows that asbestos exposure is a risk factor for you.
Asbestos-related Deaths in New Hampshire
Between 1980 and 2000, 234 New Hampshire residents died as a result of asbestos-related causes (roughly corresponding to one in every 7,000 people). Mesothelioma was slightly more prevalent than asbestosis, and most mesothelioma victims were residents of Hillsborough and Rockingham counties. New Hampshire is ranked at number 42 in the nation for the number of mesothelioma cases.
Legal Resources for New Hampshire Residents
There have been few high profile lawsuits in New Hampshire, despite the large number of potential exposure sites. New Hampshire has passed several laws and regulations to protect residents from asbestos exposure.
Among these was an act that allowed the Department of Environmental Services to impose administrative fines on people who violate New Hampshire's asbestos laws, including air pollution laws. The Commissioner of the department can impose a fine of up to $2,000.
State bill1369-FN-LOCAL was introduced in 2000. This allowed the New Hampshire Department of Health and Human Services to expand its asbestos-licensing program to people who disturb asbestos waste at disposal sites. In addition, the role and authority of the New Hampshire Department of Environmental Services in the regulation of asbestos disposal sites was clarified. Finally, the bill also exempted property owners from statute RSA 141-E penalties, as long as they complied with disclosure regulations (or were not aware of the presence of asbestos on the property), reported the asbestos, and took steps to prevent the further release of asbestos.
Senate Bill 115-FN was introduced in 2005. In this bill the responsibility for asbestos issues was transferred from the Department of Health and Human Services to the Department of Environmental Services. In addition, a permanent account for asbestos fines was established, with the money intended to be used for administration of DES asbestos-related responsibilities.
House Bill 25-FN-A, a capital improvements funding bill, was introduced in 2007. This bill allotted funds for asbestos abatement activities: $2 million in Hillsborough County North, $1.16 million for abatement and upgrades at a Veterans' Home, and almost $1 million for further asbestos abatement in the state.
In New Hampshire, the statute of limitations for personal injury is three years. According to the discovery rule, the three year period begins upon diagnosis of an asbestos-related disease. Wrongful death cases also fall under the same three year statute and the above discovery rule. This is the case even when the case involves asbestos.
Because you have just three years from the time of diagnosis in which to begin legal action, it's important to contact a lawyer quickly following diagnosis, if you wish to pursue a lawsuit. Three years may seem like a long time, but in some cases mesothelioma and asbestos personal injury or wrongful death lawsuits can drag on for months or even years. This means it is usually a good idea to start the legal process as soon as possible, to make sure you can preserve your right to claim compensation for the medical and other problems caused by asbestos exposure.
State Index
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