Mesothelioma in New York

Asbestos Exposure in New York

Although the United States Geological Survey (USGS) reports 21 natural asbestos sites in New York, two of which were mining prospects, the state never became heavily involved in mining asbestos.

For over 70 years, from the 1900s until the late 1970s, many businesses in New York relied on asbestos, impacting hundreds of thousands of workers and residents in dozens of industries, including shipyard workers, power plant employees, construction workers, and factory workers.

Today, New Yorkers are still at higher risk for developing asbestos-related illnesses, with events like the attack on the World Trade Center contributing to modern exposure. New York has the 5th highest number of new mesothelioma diagnoses in the U.S., with an average of over 150 new cases each year.

Workers whose health was impacted by asbestos exposure in New York and their surviving family members may be able to file for multiple forms of compensation. We can help you check your eligibility status for free and connect you with the legal and medical support you need.

Compensation for Asbestos Exposure in New York

Victims of asbestos exposure and their family members may face serious physical, emotional, and financial challenges after a diagnosis. However, help and compensation are available, with qualified claimants receiving an average of over $1 million in payouts.

The amount of compensation claimants receive varies depending on the unique circumstances of their claim and the types of compensation they choose to pursue.

For example, mesothelioma lawsuit claimants who accept a compensation offer before trial receive an average settlement of $1 million to $1.4 million, while those who take their case to trial receive an average verdict of $5 million to $11.4 million.

Many claimants in New York, particularly those who came into contact with asbestos as a direct result of doing their jobs (occupational exposure), can apply for multiple forms of compensation.

Pursuing all available options is the best way to maximize your potential payout. We can help you determine if you’re eligible for compensation and identify which options you have, tailored to your unique situation.

Common Options for Mesothelioma Compensation

Eligibility Requirements for Compensation in New York

Asbestos lawsuits are civil claims, meaning the burden of proof is on the claimant. Injured workers and their loved ones must be able to prove that they meet the requirements to receive compensation.

Although every form of compensation has specific requirements to qualify, there are several common eligibility categories claimants are likely to encounter when applying:

• Proof of Exposure: Documentation showing exposure to specific asbestos-containing products or presence at work sites where asbestos was used.
• Medical Diagnosis: Diagnosis of an asbestos-related illness backed by documentation and testing that links the condition to the patient’s exposure history.
• Within the Statute of Limitations: The deadline to file a personal injury lawsuit in New York is 3 years from the date of diagnosis. However, victims filing wrongful death claims have only 2 years following the date of death to file.

Claimants will need to provide evidence and documentation to support their eligibility. Common forms of proof include:

• Medical records
• Proven diagnosis
• Death certificate
• Employement records
• Eyewitness accounts
• Paystubs

Finding the documentation you need to create a strong, complete claim can be challenging, especially in mesothelioma cases, where it can take decades for symptoms to appear after asbestos exposure, often creating additional complications.

If you’re worried about finding proof or meeting requirements, don’t let it stop you from reaching out. Asbestos litigation experts can help you find out if you qualify and locate the necessary documentation.

Mesothelioma Settlements in New York

Juries in New York have awarded claimants with several large verdicts in the last few years. However, the vast majority of asbestos cases end with out-of-court settlements, which provide a quick route to compensation without the stress and uncertainty of a trial.

Settlements in New York tend to fall within the average range reported by Mealey’s litigation report: $1 million to $1.4 million. However, your settlement may be greater or less than this amount depending on the specifics of your claim.

The Top Asbestos Exposure Risks in New York

According to guidelines issued by the Occupational Safety and Health Administration (OSHA), there is no safe level of asbestos exposure. Even one instance of exposure can put people at risk for asbestos-related illnesses decades later.

However, people with regular occupational exposure to asbestos face the highest risks. In New York, which has a long history of manufacturing, shipbuilding, construction, power generation, and other industries with strong ties to historical asbestos use, hundreds of thousands of workers and residents face high risks of illness.

Shipyard Workers

Shipyards often had high concentrations of asbestos-containing products such as insulation, gaskets, and lagging because asbestos was lightweight, resistant to heat and fire, and made materials last longer.

Shipfitters, insulators, boiler technicians, and others who worked in the state’s many shipyards were at high risk of exposure to dangerous asbestos particles during construction, maintenance, and repair.

New York shipyards with known asbestos exposure:

• Brooklyn Navy Yard: Brooklyn
• Bethlehem Steel Shipyard: Staten Island
• Todd Shipyards: Staten Island, Brooklyn

Power Plant Employees

Power plants often used asbestos in their facilities and equipment as a heat- and fire-resistant insulating material. Some sites also supplied workers with asbestos-containing protective clothing.

Any worker at an asbestos power plant was at risk of exposure, but maintenance workers, machine operators, pipefitters, and insulators faced especially high risks.

New York Power plants with known asbestos use:

• Atlantic Heat and Power Inc.: Brooklyn
• Babylon Electric Light Company: Babylon
• Westchester Lighting Company: New Rochelle, White Plains

Construction workers

Until the late 1970s, asbestos was often added to construction products such as drywall, plaster, cement, insulation, roofing material, tiles, and many more. Any building in New York built before the 1980s likely contains asbestos.

Construction workers statewide were at high risk of exposure during construction, repairs, and demolition. Those who work in older structures still face exposure risks today.

Factory Workers

Manufacturers in New York used asbestos in their facilities and in the products they made. Asbestos was useful for its sturdiness and resistance to heat, fire, and chemical corrosion.

Companies used it in a wide variety of products, from construction materials to electronics to auto parts. Workers encountered it in many ways, including during the manufacturing process and maintenance on factory machinery.

Known asbestos manufacturers with operations in New York:

• Armstrong World Industries: Buffalo, Fulton
• W.R. Grace: Brutus
• Johns Manville: New York City, Jamaica
• Owens Corning/Fibreboard: New York City
• United States Gypsum: Baltimore, Staten Island, Stoney Point

Family Members & Loved Ones

Any area where a high rate of workers are exposed to asbestos often has a high rate of  secondary exposure. Secondhand exposure affects workers’ families and loved ones when toxic asbestos fibers are brought into the home on clothing, skin, or hair.

Family members who repeatedly handled contaminated laundry or otherwise came into contact with asbestos fibers may develop related diseases many years later.

Top Exposure Sites in New York

New York is home to 7,516 known sites of asbestos exposure and multiple Environmental Protection Agency (EPA) Superfund sites connected to asbestos contamination.

Major asbestos manufacturers such as Johns Manville, W.R. Grace, and Owens Corning had operations in the state. Many New York claimants qualify to pursue compensation from a mix of several different companies, regardless of their bankruptcy status.

Common Solvent Companies That Used Asbestos in New York

Companies that have not declared bankruptcy (solvent companies) don’t have asbestos trust funds to compensate the victims of their negligence. To pursue compensation from solvent companies, injured workers and their loved ones must file personal injury or wrongful death lawsuits.

Filing an asbestos lawsuit not only allows victims to seek compensation; it also ensures that irresponsible manufacturers are held accountable for the harm they’ve done, discouraging future wrongdoing.

Solvent companies sued in New York asbestos cases:

• American Biltrite
• Goodyear Tire & Rubber
• Union Carbide (through successor Dow)
• U.S. Steel

Common Asbestos Bankruptcy Trust Claims in New York

Many asbestos companies have gone bankrupt from the financial pressure of their asbestos liabilities. To emerge from bankruptcy, these companies must establish asbestos trust funds to compensate all current and future victims of their negligence.

There are over 60 active asbestos trust funds in the U.S. These trusts provide quick compensation, often within 90 days of filing, and have already paid out over $20 billion to claimants. An estimated $30 billion remains to be claimed.

Examples of companies with asbestos trust funds available to New York residents include:

• Johns Manville
• Armstrong World Industries (AWI)
• Owens Corning/Fibreboard
• United States Gypsum (USG)
• Kaiser Aluminium

How to File for Mesothelioma Compensation in New York

When it’s time to file for mesothelioma compensation, remember that you don’t have to do it alone. Working with an asbestos litigation expert is one of the best things you can do to help you get the maximum compensation you’re due.

An experienced asbestos attorney has the knowledge and resources to keep your claim moving forward with minimal stress. Our partner law firm, Meirowitz & Wasserberg, has spent decades developing a low-stress, high-communication process to make sure its clients get quality legal guidance through every step of the claims journey.

Common steps in the mesothelioma compensation process include:

1. Meet With a Mesothelioma Attorney
   • Your initial consultation gives you the opportunity to ask your potential lawyer questions. The goal is to help you understand your options, the possible value of your case, and what you can expect from the compensation process.
2. Gather Evidence & Documentation
   • If you choose to move forward, your legal team will handle gathering the evidence you need to build a strong case. Even if you’re not sure where to find certain records, an experienced mesothelioma lawyer can help track down employment histories, medical records, and more to support your claim.
3. File Claims
   • Next, your attorney will file your claim with the appropriate court, asbestos trust fund, or other compensation source. Because many victims qualify for compensation through multiple options, your legal team may pursue several claims at the same time to help secure the maximum recovery amount available.
4. Claim Discovery or Review
   • Once your lawyer files your claim, the defendant(s) will review the information. They may conduct their own investigation or request more supporting evidence. Your lawyer will handle all communication during this stage.
5. Settlement, Trial, or Liquidation
   • Often, a strong claim results in an offer of payment, either through the trust liquidation process or through a negotiated out-of-court settlement. In rare cases, your claim may proceed to trial, where your attorney will represent you and your case until a judge or jury decides the outcome.

Filing for asbestos trust fund compensation is a good strategy for many claimants. Trusts offer a quick route to compensation without the stress of going to trial, and many claimants qualify for compensation from multiple trusts.

Changes to Asbestos Litigation in New York

The asbestos litigation field is dynamic. States often pass laws and regulations that impact every aspect of asbestos cases, including causation, medical criteria, and expert testimony.

One of the biggest distinctions in New York asbestos litigation is the requirement that claimants prove both general and specific causation, as detailed in a 2015 New York Supreme Court decision.

General vs. specific causation:

• General causation: Can asbestos cause the plaintiff’s illness?
• Specific causation: Was the plaintiff’s particular exposure at the hands of the defendant enough to cause their illness?

To prove specific causation, expert testimony must use accepted scientific methods that show the level of asbestos the defendant exposed the plaintiff to was high enough to count as a significant cause of their illness.

Seeking Treatment for Mesothelioma in New York?

Finding top-quality mesothelioma treatment can be difficult. First, treatment is expensive, costing an average of $400,000 out of pocket per year.

Second, mesothelioma is a rare disease, and while local oncologists can provide critical support, many aren’t prepared to take the lead in treatment. Patients often need to travel to get the best possible care for their diagnosis from cancer doctors with expertise in mesothelioma, driving costs even higher.

New York has multiple options for expert mesothelioma treatment, including programs at major hospitals like:

• Memorial Sloan Kettering Cancer Center
• Mount Sinai (Ruttenberg Treatment Center)
• NYU Langone (Perlmutter Cancer Center)
• New York-Presbyterian (Columbia University Herbert Irving Comprehensive Cancer Center)
• New York-Presbyterian (Weill Cornell Medicine Meyer Cancer Center)
• Roswell Park Comprehensive Cancer Center

Treatment at these top cancer centers can be expensive, but pursuing compensation from negligent New York asbestos companies can help you and your family pay for the care you need.

How We Can Help

No matter what stage of the medical or legal journey you’re in, the Mesothelioma Fund can help. Our mission is to provide asbestos victims and their loved ones with the support, resources, and information they need to receive the care and compensation they deserve.

The Mesothelioma Fund can help you:

• Determine whether you’re eligible for financial compensation that covers treatment costs, travel expenses, and more
• Connect with top-quality mesothelioma providers through our free Doctor Match program, which gives you access to over 500 of the country’s best mesothelioma treatment providers, centers, and programs
• Get seen more quickly, avoiding potentially long wait times for an urgently needed diagnosis or second opinion

Our partner law firm, Meirowitz & Wasserberg, has helped claimants nationwide secure over $500 million in asbestos settlements and verdicts. As one of the nation’s largest asbestos law firms, they use their specialized knowledge and resources to help them deliver positive results, but also work hard to provide compassionate, personalized guidance to every client.

Their expert team has decades of combined experience handling complex cases in New York and across the country, allowing them to blend state-specific expertise with big-picture perspective.

Let our team do the legwork while you focus on recovery. Getting the help you deserve only takes a few minutes. Just contact us for a free case consultation, and we can determine your eligibility, provide you with resources, and connect you with experienced legal experts.

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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