Asbestos In Your Area

Asbestos in the State of Washington D.C.

Asbestos Exposure in DC

The DC area is one of the most notorious and notable examples of asbestos exposures most recently in the news, although it is far from the only case. A report from the GAO (Government Accountability Office) noted that maintenance workers that worked underneath the buildings on Capitol Hill have been breathing asbestos fibers in for years. These workers typically service the water lines and HVAC lines underneath the buildings in DC's Capitol Hill. Illinois senator, Dick Durbin, brought this issue out to the congress floor in December 2006, even after many members of congress took little or no notice of this distressing factor that was affecting the lives of these low-paid maintenance workers. Subsequently to that, police have refused to patrol the area because of the harsh and dangerous working conditions.

At-Risk Occupations in DC

One of the obvious at risk occupations in the District of Columbia is underneath Capitol Hill, where workers are exposed to large amounts of frailable asbestos fibers (the most dangerous form of asbestos to be exposed to). On top of that, the maintenance workers have been exposed to 150 degree Fahrenheit heat, chunks of concrete that falls from the deteriorating walls and arsenic fumes. However, congress has exempted these employees from worker protection and rights that are granted to most workers in other industries, in an effort to protect the financial interests of multi-billion dollar corporations. When the workers appealed to the media and to congress, despite threats and intimidation from the architect meant to quiet them, the senator from Illinois stood up and made a note that congress had a responsibility to set a good example of worker safety, right there at Capitol Hill. However, medical examinations of the workers have revealed that their lungs are already deteriorating.

Another high risk occupation in DC is the Washington Navy Yard, even though it hasn't manufactured any ships since the War of 1812 - then the Washington Navy Yard had been a facility that manufactures munitions and guns. The building was converted to office spaces in 1961. However up until 1961, most of the activities in the building involved asbestos. The Washington Navy Yard used fire proofing because of the numerous flammable substances in the building, blast furnaces and steel and iron casting that were done in the manufacturing processes. Sadly, some of the exposure to asbestos was due to the protective equipment that the workers wore - asbestos gloves, coveralls and bibs were worn by workers as fire proof equipment and these items of protective clothing could easily release asbestos fibers if they were worn or ripped. Workers in this building and industry include electricians, carpenters, riggers, painters, metal cutters, welders and pipe fitters.

Another area of potential exposure is the Government Printing Office - people who worked in, or near this area need to be cautious of asbestos exposure related diseases.

Asbestos-related Deaths in DC

The DC area has a mortality rate of 11 people per million, which ranks it 30th in the US of overall asbestos mortality rates. Considering the area is as small at it is this is a significant number. With the problems at Capitol Hill and a once-large and bustling Navy Yard and munitions manufacturing plant, the DC area is plentiful with people exposed to asbestos and many of them are contracting asbestos related diseases such as asbestosis and mesothelioma.

Legal Resources for DC Residents

The statute of limitations for personal injury law in DC is one of the highest in the country - 10 years. The discovery rule states that this statute of time limit begins when the cause of the injury is discovered. However, in DC there is a specific law that concerns asbestos injuries and death - the lawsuit should be launched within one year of discovery that the injury a worker or person received was due to exposure to asbestos. The statute of limitations for wrongful death cases is one year as well.

There have been some notable asbestos personal injury and product liability lawsuits in DC, due to the fact that the US Supreme Court is located in DC, however none have been launched in 2006 or 2007.

One of the most notable cases was Norfolk & Western Railway Company versus Freeman Ayers, et al, which was launched in 2002. These plaintiffs claimed emotional distress based on the possibility and fear of contracting an asbestos exposure related disease. The plaintiffs in this case were awarded a reduced award after the defense said that the asbestosis that the workers suffered was mild.

A key case that was heard in the Supreme Court was Ortiz versus Fibreboard Corp. in which the victims were exposed to the products manufactured by the company. The Supreme Court ruled that this class action settlement violated the Federal Rules of Civil Procedure and quested the fairness of the settlement - Fibreboard Corp was able to settle all asbestos claims, current and future with only a half a million dollars, which would allow the Fibreboard company to keep most of its net worth, at the expense of the victims.

A court case that received a lot of attention from the media was Amchem Products versus Windsor. The US Supreme Court upheld the decision of the Third Circuit Court of Appeal, which had overturned a nation-wide class action settlement of future claims for asbestos related injuries stating the same Federal Rules of Civil Procedure that the class action lawsuit members were not fairly represented.

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