Mesothelioma in Georgia

Asbestos Exposure in Georgia

Georgia workers encountered asbestos in several types of workplaces that were important to the state’s industrial economy. A Georgia public-health agency has identified mills, power plants, shipyards and other industrial settings as workplaces where asbestos-containing materials were historically used or handled.

Savannah and Chatham County developed a major wartime shipbuilding industry. The National Park Service documents Savannah Shipyards and the Southeastern Shipbuilding Corporation along the Savannah River, where Liberty ships and other vessels were built during World War II.

Shipyard construction, repair and maintenance are among the activities covered by OSHA’s asbestos standards for shipyard employment.

Asbestos can also remain relevant during renovation or demolition of older structures. Georgia’s Environmental Protection Division requires asbestos inspection before demolition and in specified renovation or abatement situations, reflecting the continued possibility of asbestos-containing building materials being disturbed during construction work.

For more background on workplace exposure, see our shipbuilders and asbestos exposure resource.

Compensation for Asbestos Exposure in Georgia

A Georgia mesothelioma diagnosis may lead to more than one potential compensation route, depending on where exposure occurred, the companies or products involved, military service, employment relationships and other facts.

An experienced mesothelioma lawyer handling asbestos claims can evaluate which options may apply and whether pursuing one type of claim could affect another.

Mesothelioma Fund provides additional information about mesothelioma compensation options.

Common options for mesothelioma compensation in Georgia include:

• Personal-Injury Lawsuit: A person diagnosed with mesothelioma may be able to bring a civil claim against one or more parties connected to asbestos exposure when the evidence and applicable law support it.
• Wrongful-Death Claim: Certain surviving family members or an authorized estate representative may be able to pursue compensation after a person dies from an asbestos-related disease, depending on Georgia’s claimant rules.
• Asbestos Trust Fund Claim: Bankruptcy trusts created by certain former asbestos defendants use their own exposure, medical and filing requirements; learn more about asbestos trust funds.
• VA Disability Compensation: Veterans may qualify for VA disability compensation when evidence supports asbestos exposure during military service and a connection between that exposure and the claimed medical condition.
• Workers’ Compensation: A work-related mesothelioma claim may fall under Georgia workers’ compensation law, which has specific occupational-disease eligibility and timing requirements.

Mesothelioma Fund can help you understand which options may apply and whether a free case assessment may be appropriate.

Eligibility Requirements for Compensation in Georgia

Eligibility depends on the type of claim and the evidence connecting a diagnosed illness to asbestos exposure. A useful case review usually looks beyond the diagnosis itself to understand where, when and how exposure may have occurred.

Information that may help includes:

• Medical documentation: Pathology reports, imaging, physician records and other records identifying the diagnosis.
• Work history: Employer names, job titles, job locations, union information, Social Security work records and approximate dates of employment.
• Exposure details: Work tasks, products, machinery, insulation, gaskets, packing, construction materials or other sources that may have involved asbestos.
• Company and site records: Evidence connecting asbestos-containing products or materials to a particular facility, contractor, manufacturer or supplier.
• Coworker and witness information: People who remember the jobsite, products, work practices or conditions involved.
• Military records: Service branch, duty stations, occupations, ships, bases and maintenance work can be relevant when evaluating military exposure. The VA requires evidence connecting service exposure and the claimed condition.
• Family or estate documentation: Wrongful-death and estate-related claims may require marriage, birth, death, probate or representative-authority records.
• Timing and jurisdiction: Where exposure occurred, where defendants can be sued and when a claim accrued can affect available options.

Mesothelioma Settlements & Verdicts in Georgia

Mesothelioma lawsuits can end through a negotiated settlement or, when a case proceeds through trial, a verdict. A settlement resolves a claim by agreement, while a verdict is a decision reached after the evidence is presented in court.

An average mesothelioma settlement claim in Georgia is $1 million to $1.4 million, per Mealey’s Litigation Report.

Outcomes depend heavily on the facts. Important considerations may include:

• Strength of the medical and exposure evidence
• Companies and products involved
• Filing jurisdiction
• Available defenses
• Employment relationships
• Damages evidence
• Whether other claims such as asbestos trusts or workers’ compensation are involved.

Top Exposure Risks in Georgia

Georgia exposure histories can involve very different jobs and locations. For many families, identifying the specific tasks, materials, products and dates involved is more useful than relying on an employer name or occupation alone.

Shipbuilding and Marine Repair

Savannah and Chatham County had extensive shipbuilding activity during World War II, including Liberty-ship and minesweeper construction. OSHA identifies asbestos as a hazard addressed in shipyard construction, repair, maintenance and removal work involving asbestos-containing materials.

Workers whose histories may warrant closer review include shipbuilders, pipefitters, insulators, machinists, electricians, maintenance workers and people performing vessel repair or demolition.

Power Plants and Industrial Maintenance

Georgia court records document asbestos-related allegations involving multiple Georgia Power plants and work with pipe systems, gaskets, packing and insulation.

Maintenance and repair work can be particularly important when a worker disturbed older materials rather than simply working in the same facility.

Relevant jobs may include:

• Pipefitters and steamfitters
• Boilermakers
• Insulators
• Electricians
• Maintenance mechanics
• Millwrights
• Welders
• Contractors performing shutdown or repair work

Construction, Renovation and Demolition

Asbestos-containing building materials can become a concern when renovation or demolition disturbs them. Georgia EPD regulates asbestos inspection, removal, licensing and project notification for covered demolition and renovation work.

Past exposure histories may involve insulation, flooring, roofing, cement products, pipe coverings or other building materials, depending on the property and time period involved.

Automotive and Manufacturing Work

The Georgia appellate record in Sinyard states that asbestos was present at Ford’s former Hapeville vehicle assembly plant and describes asbestos gaskets and packing used there during the worker’s employment period.

Mechanics and manufacturing workers may also have worked around older friction products, gaskets, insulation or heat-resistant materials. The actual product, task and time period should be documented rather than assumed.

Secondary or Take-Home Exposure

Some people were exposed away from the original workplace. CDC/NIOSH explains that asbestos and other workplace contaminants can be carried home on clothing, skin, hair, tools and other items, creating potential exposure for household members.

Top Exposure Sites in Georgia

The locations below appear in authoritative Georgia records relevant to asbestos exposure history. This is not a statewide ranking, and inclusion does not prove that every person who worked at a site was exposed or that a listed company is legally responsible.

• Plant Scherer: Georgia appellate asbestos litigation included work at Plant Scherer and evidence concerning asbestos-containing materials at Georgia Power facilities. Georgia Power identifies Plant Scherer south of Juliette.
• Plant Branch: Plant Branch was among the Georgia Power facilities discussed in the Sinyard asbestos record. Georgia Power identifies the former plant in Putnam County.
• Plant McDonough-Atkinson: Georgia appellate records addressed work at Plant McDonough and asbestos-containing materials associated with Georgia Power facilities.
• Plant Vogtle: Plant Vogtle was among the Georgia Power worksites addressed in Sinyard. The Nuclear Regulatory Commission identifies the Vogtle site near Waynesboro.
• Ford Vehical Assembly Plant: The Georgia Court of Appeals record states that asbestos was present throughout the former Hapeville plant and identifies asbestos gaskets and packing used during the relevant employment period.
• Piedmont Hospital: The Georgia Court of Appeals record describes pipefitting and maintenance work involving existing asbestos insulation, asbestos cement and other asbestos-containing materials at Piedmont.

How to File for Mesothelioma Compensation in Georgia

Mesothelioma compensation can involve several different claim processes. The right path depends on the diagnosis, exposure history, responsible parties, employment status, military service, jurisdiction and available evidence.

Lawsuits, asbestos trusts, VA benefits and workers’ compensation each use different procedures, but these five steps provide a starting point on what you can expect.

1. Meet With a Mesothelioma Attorney

An attorney experienced in asbestos litigation can review the diagnosis, exposure history, possible jurisdictions, filing deadlines and the types of compensation claims that may be available. Early review can be especially important because different claim types use different time limits.

2. Gather Evidence and Documentation

Collect available medical records and build a work and exposure timeline.

Useful records may include:

• Pathology and oncology records
• Employment and Social Security work histories
• Union records
• Military service records
• Jobsite and contractor information
• Product or equipment information
• Coworker and witness names
• Estate and family-authority documents when applicable

Do not delay seeking a review simply because some records are missing; additional records may sometimes be located during case investigation.

3. File the Appropriate Claims

Depending on the circumstances, this could include a civil lawsuit, asbestos trust claim, VA disability claim or Georgia workers’ compensation claim. Each uses its own forms, proof requirements and procedures.

Georgia workers seeking benefits through the State Board of Workers’ Compensation generally use Form WC-14 to initiate a claim with the Board.

4. Complete Claim Discovery or Review

A civil lawsuit may involve written discovery, document production, depositions and other court procedures.

Trusts conduct their own claim reviews, the VA develops evidence under its benefits process, and workers’ compensation claims proceed through the Georgia State Board of Workers’ Compensation.

Not every compensation option involves a civil trial.

5. Settlement, Trial, Liquidation, or Benefit Decision

The final stage depends on the claim type. A lawsuit may settle or proceed to trial, an asbestos trust may liquidate an approved claim according to its procedures, and a government agency may issue a benefit decision.

Georgia Asbestos Litigation Rules

Georgia asbestos claims can involve overlapping rules for civil lawsuits, wrongful death, workers’ compensation and other compensation programs.

Because mesothelioma develops long after exposure, identifying when a particular claim accrued can be especially important.

Personal-Injury Filing Period

O.C.G.A. § 9-3-33 generally requires an action for injuries to the person to be filed within two years after the right of action accrues.

For latent asbestos disease, the accrual analysis may be fact-specific. Georgia case annotations under § 9-3-33 include asbestos-related litigation addressing when a claimant knew or reasonably should have known of the injury and its causal connection.

An attorney should determine the deadline from the facts of a particular case rather than assuming the date from a general rule.

Wrongful-Death Claims

Georgia wrongful-death claims are generally subject to a two-year limitation period. O.C.G.A. § 51-4-2 gives the surviving spouse—or, when there is no surviving spouse, the child or children—the statutory right to pursue the wrongful-death recovery described by that section.

Other provisions address circumstances in which an administrator or executor may bring a claim.

The proper claimant and any tolling or accrual issue should be evaluated individually.

Workers’ Compensation Has a Separate Asbestos Rule

The Georgia State Board of Workers’ Compensation states that for asbestosis or mesothelioma related to asbestos exposure, a worker has one year from the date of first disablement after diagnosis to file a claim. This is different from Georgia’s general civil limitation period.

Georgia appellate asbestos litigation also demonstrates that contractor and statutory-employer relationships can affect whether workers’ compensation law limits certain civil claims arising from work at a particular facility.

Jurisdiction and Multiple Claims

A Georgia exposure does not automatically mean every potential defendant must be sued in Georgia. Jurisdiction can depend on the defendants, the exposure history, where conduct occurred and other legal factors.

Asbestos trust claims and VA claims also use separate procedures. When multiple routes may apply, coordinated legal review can help address filing order, evidence requirements and required disclosures.

Mesothelioma Treatment in Georgia

Georgia patients who want specialized mesothelioma input may have options in the Atlanta area. The National Cancer Institute identifies Winship Cancer Institute of Emory University as Georgia’s only NCI-Designated Comprehensive Cancer Center.

Winship’s current physician directory lists Shirish M. Gadgeel, MBBS, FASCO, in thoracic medical oncology and states that he specializes in treating lung cancer and mesothelioma. He practices with the thoracic oncology team at Winship Cancer Institute at Emory Midtown and Emory Saint Joseph’s Hospital.

Patients can also review current clinical-trial options with their oncology team or search the National Cancer Institute’s mesothelioma trial database. Trial availability and eligibility can change, so a listed study should not be treated as a treatment recommendation.

How We Can Help

A mesothelioma diagnosis can bring legal, financial and medical questions at the same time. You do not need to reconstruct decades of employment or asbestos exposure before asking for assistance.

Mesothelioma Fund can help you organize a work, military and exposure history; understand the compensation options that may be worth investigating; locate useful resources; and prepare informed questions for an attorney or treatment team.

Eligibility and results depend on the individual facts, but a free case review can help clarify possible next steps.

Frequently Asked Questions

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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