Legal Question in Personal Injury in New York

Asbestos exposure.

I would like to know what rights a person has if their employer has willfully exposed him to a heavy amount of asbestos on a job site site for a period of time. Though the worker is not presently sick, he worked under extremely unsafe conditions, though his employer knew all along the building was full of asbestos from floor to ceiling during the demolition and rebuild.

My friend is very angry, and rightly so. Yet when he contacted a lawyer, they told him that if he wasn't sick yet, they could not help. Isn't the employer responsible for his willfully negligent actions in any way? If so, how? As I understand Asbestos through my research, it isn't IF my friend gets sick, but WHEN. I believe the employer has given my friend a death sentence of sorts and should be accountable for his actions. Please advise. Thanks so much.


Asked on 2/24/98, 10:19 pm

1 Answer from Attorneys
Thomas Reilly Learned, Reilly & Learned

Asbestos exposure

Unfortuneately the attorney is correct. Your friend, when he gets sick will only be able to collect workers' compensation benefits unless he sues the asbestos manufacturer. He should contact an attorney or check on the web for the status (if available) of that class action.

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Answered on 2/25/98, 7:02 am


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