Claims for Secondhand Exposure

Workers often came home with dust on their clothes, boots, hair and skin. Family members hugged them at the door, sat in the same car and did the laundry. Shaking out work clothes before washing could release fibers into the air of a home. Some families lived near plants where dust traveled beyond the fence line. Children sometimes played in areas where work clothes or gear were kept. When describing household exposure, it helps to recall who did the laundry, how clothes were handled, where work gear was stored and how long the worker held the job.

A secondhand exposure claim depends on showing that the worker was exposed to asbestos products. That means reconstructing the worker's employment history just as you would for a direct claim. Social Security earnings records, union files, military records and coworker statements can all help. If the worker has passed away, relatives, former coworkers and old documents such as pay stubs or photos become especially important. The more clearly the worker's exposure can be shown, the stronger the family member's claim becomes. Knowing which years the family lived with the worker helps match the two histories.

States don't all treat household exposure claims the same way. Some focus on whether a company should have foreseen that family members could be harmed. Others look at the relationship between the parties or limit which defendants can be responsible. These differences can affect which companies may be named and where a case might be filed. Your attorneys will evaluate the rules in each possible state. Even where limits exist, claims against product manufacturers and bankruptcy trusts may still be available. Knowing where the worker was employed, and where the family lived at the time, helps your attorneys compare the rules that may apply and choose the strongest path.

1. 1

   Write down which family members lived with the worker, and during which years.

2. 2

   Describe who handled the worker's clothing and how laundry was usually done.

3. 3

   Gather records of the worker's employment, union membership or military service.

4. 4

   Contact relatives or former coworkers who can confirm the worker's job and conditions.