Q: I am a 31-year-old man who has worked for the city of _________ for 11 yrs. This past year I have been working as a jail officer in a 6-story building that is being renovated due to asbestos. About 8 months ago I noticed some changes in my breathing. I thought it was a common chest cold, however it did not subside.
Two months ago I ended up in the hospital with what was thought to be pneumonia. I have been unable to return to work due to my breathing condition. I am now under the care of a pulmonary specialist who has found out that I was misdiagnosed and never had pneumonia. I was diagnosed with a lung disease caused by my working enviroment.
Within these past two months I have been ill, several of my co-workers have come up with similar health problems. Letters have been written to OSHA on the hazardous working conditions and no action has been taken by the city. The air in the building is full of mold and dust particles which are being inhaled causing respiratory problems.
--Jesse, Long Beach, CA
Attorney Cliff Horwitz:
When you are exposed to asbestos, you are at a significant risk for cancer and pulmonary injury. Exposure combined with injury is compensable. I suggest you find an Asbestos group in California who would know who the law firm is that prosecutes asbestos cases there. There are class action cases pending against the manufacturers of asbestos currently. You want to find the local firms that are prosecuting that class action. You might want to be a part of that class or in the alternative file your own individual claim. That decision has to be made between you and your lawyer.
You should certainly file a Workers Compensation case since you were injured on the job.