Can I sue if I may have been exposed to asbestos without the proper PPE I also because the company I work for is not worried about me in the slightest?

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Can I sue if I may have been exposed to asbestos without the proper PPE I also because the company I work for is not worried about me in the slightest?

I also have 3 children that could be potentially exposed. If I see my doctor, take pictures of the work site and confirm I do have asbestos fibers in my body, do I have a case? If so, is it worth pursuing?

Asked on July 6, 2015 under Personal Injury, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no recovery in the law for what could or might have happened, like potential exposure or potential injury; there is only recovery--i.e. monetary compensation--for actual costs, damages, or injuries. If you discover that you or you children are made ill by asbestos, then you may well have a viable lawsuit; but if, as we hope, you and your children are fine, there is no point to suing, since if you were not injured, you are not entitled to any compensation or money. The fact that the company may not be worried about you may be morally reprehensible, but is legally irrelevant: the law does not care about their empathy or concern, but only about about whether you were injured or not by something they did.


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