Jones Act Claims for Asbestos Exposure

Men and women working on ships often face exposure risks, including harmful materials like asbestos. Jones Act claims for asbestos exposure allow seamen who developed related illnesses to recover damages. A claim can provide compensation for medical costs, lost wages, and other expenses.

About the Jones Act

The Jones Act protects seamen by providing them with rights in the event of injury or accidents on the job. Sometimes, the accident is less obvious than a trip-and-fall situation or malfunctioning equipment.

If you work on a vessel and your employer has not taken the appropriate steps to protect the crew from toxic substances, like asbestos, they could be considered negligent if you become ill from exposure.

With the Jones Act, you can file a claim requesting compensation if you have been exposed to asbestos and get sick as a result.

The Dangers of Asbestos on Ships

Asbestos is often found in old buildings but was also used in ships. In fact, asbestos on board a vessel presents some of the most significant risks of asbestos exposure for several reasons:

• Asbestos was used heavily in shipbuilding, especially some of the more dangerous types of asbestos.
• The movement of ships, their instability, and the vibrations of machinery and the engine rooms cause asbestos materials to release more fibers. 
• Many areas of ships that used asbestos, such as engine and boiler rooms, lacked good ventilation.

Asbestos is proven to cause mesothelioma, lung cancer, and asbestosis and contribute to other respiratory conditions and other types of cancer.

Where Was Asbestos Used on Ships?

At one time, both Navy and civilian ships were built with hundreds of different asbestos components. Asbestos in ships was used in:

• Concrete
• Floor tiles
• Boiler cladding
• Pumps
• Pipe insulation and wrap
• Sealant
• Adhesives
• Electrical wiring

In shipbuilding, asbestos was often sprayed onto surfaces and pipes. This makes it more friable or more likely to emit fibers, further increasing the risk of worker exposure.

Regulation of Asbestos on Ships

In 2002, the first prohibition on asbestos was passed. This first regulatory measure banned the new installation of asbestos for most purposes.  

A few exceptions remained until 2011 when all new installation of the material was prohibited in shipbuilding. This still left a lot of ships already in existence with dangerous components.

Ship owners are expected to keep workers safe if there is asbestos aboard in several ways: 

• The crew should be educated and trained to be aware of the material and where it is on the ship and report problems or concerns to managers.
• Managers are expected to be aware of asbestos.
• They should have a risk-management plan in place.
• The ultimate responsibility for protecting workers from asbestos lies with the shipowner.

How to Make an Asbestos Claim Under the Jones Act

Seamen have rights under the Jones Act to sue a ship owner or employer if an injury or illness is caused by negligence. This includes diseases caused by negligent exposure to asbestos.

Because the responsibility for limiting exposure and training workers on ships with asbestos lies with the shipowner, negligence is often the root cause of asbestos exposure and resulting illness.

Asbestos exposure differs from many other reasons seamen make Jones Act claims. Asbestos illnesses take years to develop, so where and when the exposure occurred isn’t always evident.  

A mesothelioma diagnosis may not come until decades after exposure occurred aboard a vessel. In most cases of Jones Act claims, it is essential to report an accident and make a case for a Jones Act claim immediately.

With exposure to asbestos, a seaman may not sue an employer until many years after the incident. This doesn’t mean that the claim is not valid.

If you think you developed mesothelioma or any other illness because of past asbestos exposure while working as a seaman, you have rights under the Jones Act. Regardless of whether your employer is still in business or the company has changed names, you still have the right to sue.

These claims can be complicated, though, so rely on the advice and expertise of a Jones Act lawyer who has worked with asbestos cases in the past. This will help you get the compensation you deserve for medical bills, pain and suffering, and other issues resulting from exposure to asbestos.