A Wisconsin mechanic claims he developed lung cancer caused by asbestos that he was exposed to while on the job.

Plaintiff Tab B. says he worked as a mechanic at Borg-Warner Corp., Kelsey-Hayes Co., and Maremont Corp., between 1976 and 1993. During this time, he worked at various locations in numerous states. He claims that in the normal course of his work, he was exposed to asbestos fibers contained in products produced by the companies, which caused him to later develop lung cancer.

Allegedly, Tab was diagnosed with lung cancer caused by asbestos on or around June 29, 2017, 23 years after his position with Borg-Warner and all others ended.

Tab claims that his employers knew that asbestos was toxic to human health when they produced and manufactured products that contained it, thus knowingly exposing workers to the dangerous material. Allegedly, the companies failed to warn employees of the dangers of working around and with asbestos and did not provide protective gear, further endangering them.

Tab seeks damages to cover physical, emotional, and financial injury that he suffered as a result of his alleged lung cancer caused by asbestos he claims that he was exposed to on the job.

Asbestos Safety

The federal law requires employers to provide a safe work environment for their employees, and because of the dangers that asbestos exposure poses to human health, the law considers a work environment that exposes workers to asbestos to be unsafe. Additionally, employers have an obligation to not mislead employees about the safety of their work environment, and to disclose if the work environment poses a hazard to their health.

Asbestos is a family of naturally occurring minerals. Because of its heat resistant properties, it was long used as insulation. However, in the early part of the 20th century, the mineral was suspected to be linked to lung cancer. It was then discovered that exposure to asbestos could cause a wider range of cancers and health problems.

In the 1970s and 1980s, asbestos was largely banned for use in the United States.

Asbestos is dangerous if the fibers are breathed in. If the mineral is sealed into a product, it is not considered dangerous. Because of this fact, it is legal for old buildings that contain asbestos to remain in use, as long as the asbestos is sealed and contained. 

Many employees work around asbestos. As a building deteriorates, employees working around or in a building containing asbestos can be exposed to loose asbestos fibers. Additionally, people who work in the restoration, repair, cleaning, or demolition of older buildings may be exposed to asbestos as part of their job.

Though the material is known to be toxic and has been outlawed, many people may be exposed to asbestos in their work. Tragically, many of these people develop mesothelioma or lung cancer caused by asbestos they were exposed to on the job. As lung cancer can take many years to develop, many people who have lung cancer may not know that their lung cancer was caused by asbestos exposure.