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Asbestos?


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#1 NikBramsen

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Posted 22 February 2013 - 08:17 AM

if your employer knows that there is hot asbestos in an area of your work that you may have come into contact with and has you work in said area and does not tell you it is there, is there anything you can do about it?
My employer is going through a re-model of my store and upon pulling up some of the carpet, found traces of capsulized hot asbestos. The machines that they use scrapes the floor though and I read a few different places that it can be released into the air if disturbed.
I am not very concerned about whether or not I have inhaled it, I have health insurance that will cover the looking into of that, I am more interested in weather or not I can take legal action against the negligence of the company.
I found out about this from one of the contractors doing the demolition and upon bringing it to managements attention that I knew they told me that I needed to keep it to myself to "keep from causing unnecessary panic".

#2 pg1067

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Posted 22 February 2013 - 08:23 AM

if your employer knows that there is hot asbestos in an area of your work that you may have come into contact with and has you work in said area and does not tell you it is there, is there anything you can do about it?


You can do all sorts of things. Your use of the second person in this sentence is a bit odd. However, since the rest of your post is written in the first person, I assume your intent was to say that this situation occurred at your place of employment. Did you suffer any damages as a result? It sounds like you did not.


I am more interested in weather or not I can take legal action against the negligence of the company.


Absent any damages, you have no legal claim of any sort. If you had suffered or do, in the future, suffer damages, a workers comp claim is generally an employee's exclusive remedy for a workplace injury. That said, it obviously depends on the laws of your unidentified state and may depend on whether your employer was merely negligent or whether it had actual knowledge of the existence of the asbestos.

#3 NikBramsen

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Posted 22 February 2013 - 08:27 AM

There is documentation in which the contractor and management had knowledge of this discovery and did not inform me or my co workers, but rather have tried to cover it up. I have not had time to see if I inhaled any of it, and from what I have read it can take some time, being years in some cases, for it to show in an x-ray. The only other option is to get blood work done. I live in Washington state.

#4 pg1067

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Posted 22 February 2013 - 08:36 AM

Now that you have knowledge, I suggest you see your doctor and take appropriate action to safeguard your health and mitigate any possible damage. If, in fact, you suffer damages, then consult with a local workers' comp attorney.

#5 FindLaw_Amir

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Posted 22 February 2013 - 09:30 AM

I am more interested in weather or not I can take legal action against the negligence of the company.


To learn more about this subject matter, you may want to read: Negligence as a good resource.
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