Related Topics â–º Other TopicsNorth Carolina (NC) Mesothelioma and Asbestos Exposure
With several deposits of chrysotile in the western and southwestern portions of North Carolina, and many jobsites where asbestos exposure has been noted, this state has seen a great deal of asbestos-related activity. There are asbestos-using industries in most of the major cities in North Carolina.
At-Risk Occupations and Locations in North Carolina
Jobsites in North Carolina where asbestos has been used include steel mills, power plants, shipyards, and other marine industries. All of these types of jobsites are known to have increased risks of asbestos related diseases, with higher risks than for many other types of industrial workers.
As jobsites built during the peak period of asbestos use age, the asbestos contained within them becomes friable, meaning it is easily crumbled and broken. This friable asbestos is particularly dangerous, as fibers are more likely to become airborne, and asbestos in this condition presents a high risk to workers.
According to the Center for Health Statistics, power plant workers are at particular risk. Of those power plant workers who die of occupation-related causes, three percent die from mesothelioma. In addition, a Puerto Rico study that examined chest x-rays of power plant workers indicated that thirteen percent of the workers had abnormalities show up on their chest x-rays, indicating the development of a respiratory condition.
A large number of different types of materials used in structural construction and fittings in power plants contain asbestos, particularly in plants built between the 1940s and 1980s. Those workers who are most at risk include pipefitters, boilermakers, electricians, and other maintenance and repair personnel.
Steel Mills are another common site of asbestos use, due to the extreme temperatures generated during industrial processes. Asbestos was used in furnaces and fittings, as well as in protective clothing such as aprons, gloves, and masks.
In marine industries such as shipyards, the risk was high for certain types of shipbuilders and repairers, due to the use of asbestos in virtually all US ship construction between around 1935 and up until the 1980s. Anyone involved in building or repairing pipes and other fittings, fireproof doors, boilers, furnaces—anywhere where extremes of temperature were possible—may have been exposed to asbestos. Asbestos was even used in floors to act as acoustical insulation.
If you or someone you know works or has worked in such a jobsite, or has lived near an asbestos deposit at any time, regular check-ups are important to preserve personal health. Asbestos-related diseases (especially mesothelioma) have long latency periods, meaning that even if you appear healthy, and your jobsite no longer contains asbestos, you may still be at risk if you were exposed to asbestos at any time in the past.
Asbestos-related Deaths in North Carolina
There were slightly more than 1,000 asbestos-related deaths in North Carolina between 1980 and 2000, with slightly more people dying from mesothelioma than from asbestosis.
Legal Resources for North Carolina Residents
A large number of lawsuits concerning personal product liability and asbestos have been brought in the last two years, with around fifty being noted. A company called Aqua-Chem Inc. is the defendant in the majority of the cases.
A key North Carolina case occurred in 2004, known as Raymond W. Williams v. CSX Transportation, Inc. The plaintiff, Raymond Williams, was a sixty year old man who had worked for CSX Transportation, Inc. for 38 years, as a railroad employee. Williams was diagnosed with mesothelioma in 2002 as a result of working with asbestos-containing products. The transportation company had used asbestos construction materials, pipes, and boilers.
As a railroad worker, Williams filed suit under FELA, and had to prove that the railroad company's negligence had led his diagnosis of mesothelioma. In this case, the jury decided that CSX Transportation had been aware of the hazards of asbestos since the 1930s, and had also been aware of the precautions that could protect workers from those hazards. The jury further decided that the railroad had chosen not to warn or protect their employees from the dangers of asbestos for several decades. The verdict was worth $7.5 million, a decision that was unanimously upheld by the North Carolina Court of Appeals in March, 2006.
If you have been diagnosed with an asbestos-related disease as a result of occupational or even secondary exposure to asbestos as a resident of North Carolina, it's important to know that in this state the three year statute of limitations applies from the date of asbestos exposure (the injury) or the date of diagnosis of an asbestos-related disease (discovery of the injury), with a maximum of ten years from the date of occurrence of the injury. This means if you have been diagnosed with mesothelioma, you must bring suit within ten years of proven asbestos exposure. In cases of wrongful death, the statute of limitations is two years.
Even if you are worried that your case may be invalid due to the statute of limitations, it is worthwhile contacting an attorney to find out for sure, as the rule of discovery may apply in your case, and allow you to file suit even if more than ten years have past since you were exposed to asbestos. If you are interested in taking legal action it pays to talk to an attorney as soon as possible regardless of the circumstances of your exposure or diagnosis.
State Index
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