Texas is one of the largest states in the United States and has a thriving construction and manufacturing industries. With its large population, it’s little wonder that these industries are doing well. However, it might interest you to know that it’s the oil-refining and shipbuilding sectors that the use of asbestos is most prevalent.
Asbestos has been used in building different things, including houses and carriers, until it was discovered to be responsible for a type of cancer called mesothelioma. Apart from this cancer, this substance is also responsible for different ailments. So, what are the laws in Texas around the use of asbestos and how you can get reparation if you are harmed by it through no fault of yours? Let’s find out!
Asbestos: What It Is
While it sounds common, not everyone knows what asbestos actually is. It is a mineral that naturally occurs and has its uses. For example, it’s excellent insulation against fire and heat so works great when added to cement, roofing and insulation materials. But it’s also dangerous to health when someone breathes in the fibers that dislodge from it. Asbestos might not do much harm if breathed in small amounts within a short period, but when inhaled for a long time, the effects can be devastating.
As mentioned, it can lead to mesothelioma, a rare type of cancer that affects the thin tissue around internal organs. It can also lead to lung cancer, one of the most aggressive types. Because of its dangerous nature, it’s important to know and understand the laws that protect you from asbestos and help if you are hurt.
Texas Asbestos Laws: A Look at Key Rules
The Texas government created rules to protect people from inhaling asbestos in the workplace. These rules also help people who have been exposed.
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Asbestos Removal and Safety Regulations
Not all contractors can simply go and remove asbestos from a building or other structure. The specific regulations have been put in place to help and ensure the asbestos is all properly and safely removed without any innocent bystanders put in danger from invisible toxic fibers being released into the air.
The Texas Department of State Health Services oversees and regulates this process, and all asbestos removals must be filed with and approved by the DSHS. Property owners must also ensure people are not exposed to dust and debris in their property.
It is the contractor’s responsibility to make sure people who may come near their work will not be exposed. When discovered, it is the responsibility of the property owner to make sure certified contractors take the necessary actions.
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Workplace Safety Laws
Texas asbestos regulations align closely with federal laws, specifically those of OSHA. These stipulate that every workplace must be safe for workers, preventing exposure to harmful substances, such as asbestos. If the substance in a workplace, OSHA laws say employers must make it known and create a way to keep the workers safe. Click here to learn more about these OSHA laws.
Like every other state, Texas has workers’ compensation laws that enable employees who contact asbestos illnesses caused by their jobs to apply for compensation. But in some cases, workers’ compensation might not offer the level of coverage demanded for substantial conditions like mesothelioma. If this is the instance, you should investigate seeking other possibilities, such as instituting a personal injury lawsuit.
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Your Legal Rights as a Victim of Asbestos Exposure
Texas asbestos rules enable you to obtain compensation if you were exposed to it, resulting in a sickness. You can start a lawsuit against the individuals or businesses who are to blame for your exposure. These can include your previous employer or a company that made asbestos-containing products without warning the user, and any others who may be at fault.
Moreover, if a member of your family dies from an asbestos exposure-connected illness, you should think about starting a wrongful death lawsuit. These lawsuits will provide help in the form of finances to cover for medical payments, other expenses, discomfort, and emotional grief caused by the loss.
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Statute of Limitations
Regardless of the kind of lawsuit you want to start, there are statutes of limitations, setting the time period for taking legal action. For personal injury lawsuits, there is typically a period of two years from the moment you catch an asbestos-related ailment within which you have to act. For wrongful death lawsuits, the time has a two-year limit, but the two-year limit kicks off from the time of demise.
Should you think of filing a lawsuit, it is beneficial to touch base with an attorney to know your options, and you have no reason to wait until you complete the statute of limitations. Because many asbestos-related diseases need years to show, many individuals may not know they’re adversely affected until it’s too late to get justice.
After being diagnosed with an asbestos-related disease, you must take appropriate steps, and one of the most valuable first moves you can take is to contact a Texas law office that can provide help. To find out how to choose the right lawyer, check out this resource: https://www.wikihow.com/
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Ways to Get Compensation in Texas
There are different options accessible in Texas for survivors of asbestos exposure to get help. One of the ways to get the help and compensation you need in such a situation include a lawsuit. A lawsuit is one way to get what you deserve in the form of financial compensation if you are diagnosed with mesothelioma or another asbestos-related illness. This allows citizens to get repayment for bills, lost earnings, and suffering their disease has caused.
Why You Need a Texas Mesothelioma Law Firm
Leaving the burden of your legal circumstances to someone who is better equipped to help is made in your best interest. After all, more than anything, it is important that you surround yourself with loved ones. That way, you can ensure you are taking care of yourself and getting the help you need.
There’s also the need to get legal representation. Contacting a Texas mesothelioma law firm is a necessary step if you want to get adequate compensation for your time, medical consultations, and surgical procedures if applicable. However, if there is truly anything your legal representation can do to help you get through this time, it’s best to let them know to make the process much easier.
Conclusion
Whether you need assistance with filing a lawsuit for an asbestos-related mesothelioma claim or getting an answer to a question that has been on your mind, it is important to ensure you are dedicating enough of your time to getting that help now. This will allow you to navigate the legal system and get financial compensation to cover for expensive medical bills, support yourself, and more.
