Mesothelioma in Vermont

Asbestos Exposure in Vermont

Vermont’s history with asbestos is primarily tied to mining. State records trace asbestos on Belvidere Mountain to the 1800s, with commercial activity expanding in the early 1900s. The historic mine between Eden and Lowell produced chrysotile asbestos until operations ended in 1993.

Ownership changed several times. The Vermont Department of Environmental Conservation says the Ruberoid Company acquired the Belvidere Mountain mine in 1936, later becoming part of GAF Corporation. Mine workers took control in the 1970s under the Vermont Asbestos Group name.

Mining was not Vermont’s only potential source of asbestos exposure. The Vermont Department of Health says asbestos can be present in insulation, joint compound, drywall, ceiling and floor tiles, roofing and other building materials. Disturbing these materials during renovation, repair or demolition can release asbestos fibers into the air.

Some families may also need to consider take-home exposure. NIOSH recognizes asbestos as one of the workplace contaminants that can be carried home on a worker’s clothing, skin, hair or shoes.

A detailed history of jobs, tasks, buildings, products and household contact can help determine where exposure may have occurred.

Learn more about asbestos exposure and common sources.

Mesothelioma Compensation Options in Vermont

Individuals in Vermont that have been diagnosed with mesothelioma may have more than one potential source of compensation.

The appropriate options depend on where and how asbestos exposure occurred, which companies or products may be connected to that exposure, military service, employment history, and other facts.

Common options for compensation in Vermont may include:

• Personal-Injury Lawsuit: A person diagnosed with mesothelioma may be able to pursue claims against companies that are legally responsible for asbestos exposure when the evidence and filing requirements support a case.
• Wrongful-Death Claim: After a death, Connecticut law generally provides for a wrongful-death case to be brought by the executor or administrator of the deceased person’s estate.
• Asbestos Trust Fund Claim: Some companies that entered bankruptcy established trusts for qualifying asbestos claims, and each trust has its own exposure and medical criteria.
• VA Disability Compensation: Veterans may be eligible when they have a health condition caused by asbestos exposure and had contact with asbestos during military service. VA asks for medical records, service records, and evidence connecting the condition to military asbestos exposure.
• Workers’ Compensation: A work-related occupational disease may support a Vermont workers’ compensation claim, subject to separate filing and causation requirements.

Our dedicated patient advocates can help you determine your potential compensation and identify your options, based on your unique circumstances and exposure history.

Contact us today for a free case evaluation.

Eligibility Requirements for Compensation in Vermont

Eligibility for compensation is not established by a diagnosis or company name alone.

Each claim requires evidence connecting the claimant, disease, exposure history and responsible company, trust, employer or government program under the rules that apply.

Useful evidence may include:

• Medical documentation: Pathology reports, physician records and other records establishing an asbestos-related diagnosis.
• Exposure history: Locations, dates, job duties, work processes and materials that may have involved asbestos.
• Employment records: Social Security records, payroll documents, union records, personnel files or pension records.
• Military records: Service dates, occupational specialty, duty stations, ships or facilities when military exposure may be relevant.
• Product, company and site evidence: Information connecting asbestos-containing materials or operations to a particular workplace or period.
• Witness information: Coworkers or family members who may be able to provide relevant information about work practices or take-home exposure.
• Claimant authority: A wrongful-death claim may require documentation establishing the estate’s personal representative.
• Jurisdiction and timing: Where and when a claim can be filed depends on the type of claim and the individual facts.

Mesothelioma Settlements & Verdicts in Vermont

Mesothelioma lawsuits can end through either a settlement or a trial verdict. A settlement is an agreement between the parties to resolve a claim without a final trial judgment, while a verdict follows a trial and a decision by the factfinder.

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

The outcome of an asbestos exposure claim in Vermont can depend on factors such as the strength of exposure evidence, the companies and products involved, available defenses, the claimant’s losses, the applicable jurisdiction and whether other sources of compensation are involved.

Some cases resolve before trial, while others may proceed through extensive litigation. No settlement or verdict amount is guaranteed, and prior results do not predict the outcome of another person’s case.

Asbestos Exposure Risks

Vermont’s largest risk of asbestos came from mining and milling on Belvidere Mountain.

Other exposures can arise from construction materials and maintenance work, particularly when asbestos-containing products are cut, broken, removed or otherwise disturbed.

Asbestos Mining and Milling

Workers at the historic Belvidere Mountain operation could have encountered asbestos during activities such as:

• Quarrying and blasting rock
• Transporting asbestos-bearing ore
• Crushing and milling
• Processing and handling fibers
• Equipment repair and maintenance
• Working around mine waste and tailings

EPA records state that chrysotile asbestos was mined from three areas of Belvidere Mountain between the early 1900s and 1993.

Construction, Renovation and Demolition

The Vermont Department of Health regulates asbestos work because asbestos-containing materials may still be present in buildings and other structures. Renovation or demolition can disturb those materials and release fibers.

Materials that may warrant investigation include:

• Insulation
• Joint compound and drywall materials
• Ceiling and floor tiles
• Roofing and siding
• Cement products
• Some friction and heat-resistant materials

Maintenance and Repair Work

Plumbers, electricians, carpenters, mechanics, building-maintenance workers and other trades may historically have worked around asbestos-containing materials.

The details of the task and material matter more than an occupational title alone.

Secondary or Take-Home Exposure

Asbestos dust can be carried away from a workplace on clothing, shoes, hair or other items. Household members who handled contaminated work clothes or shared contaminated spaces may therefore have a relevant exposure history even if they never worked directly with asbestos.

Top Asbestos Exposure Sites in Vermont

The best-documented locations that contained asbestos in Vermont is the former Vermont Asbestos Group mine complex on Belvidere Mountain. EPA records identify three principal quarry areas within that operation.

• Eden Quarry: Historic asbestos quarry on the southern/southeastern face of the mountain with an associated tailings area.
• C-Area Belvidere Mountain: One of three areas where EPA records say asbestos ore was mined within the historic mine complex.
• Lowell Quarry: Historic asbestos quarry associated with the larger tailings area at the mine.

A person’s presence at one of these locations does not by itself establish exposure, causation, company responsibility or claim eligibility. Individual work activities, dates and other evidence remain important.

How to File for Mesothelioma Compensation in Vermont

The filing process depends on whether a patient is pursuing a lawsuit, bankruptcy trust claim, VA benefit or workers’ compensation claim. These routes use different procedures, but the following steps can help organize the process.

1. Meet With a Mesothelioma Attorney

An attorney can review the diagnosis, Vermont exposure history, past employers, products, military service, potential jurisdictions and applicable deadlines before determining which options may warrant further investigation.

2. Gather Evidence and Documentation

Relevant materials may include medical records, Social Security or employment records, military files, union records, pay stubs, product information, site records, witness names and estate documents.

3. File the Appropriate Claims

Depending on the circumstances, this may involve a personal-injury or wrongful-death lawsuit, one or more asbestos trust claims, a VA claim or a workers’ compensation claim. Each has separate forms and requirements.

4. Complete Claim Discovery or Review

Civil lawsuits may involve discovery, document requests, testimony and other litigation procedures. Bankruptcy trusts conduct their own claim reviews, while the VA and workers’ compensation system use separate administrative processes.

5. Settlement, Trial, Liquidation, or Benefit Decision

A lawsuit may settle or proceed to trial. An approved trust claim may move to liquidation and payment under the trust’s procedures. VA and workers’ compensation claims result in agency benefit decisions rather than lawsuit verdicts.

Vermont Asbestos Litigation Rules

Vermont has separate filing rules for personal injury, wrongful death and occupational disease claims. Because the starting date and exceptions can depend on individual facts, these general rules should not be used to calculate a specific person’s deadline.

Personal-Injury Claims

Under 12 V.S.A. § 512(4), an action for injury to a person generally must be commenced within three years after the cause of action accrues. The statute states that this type of claim is deemed to accrue on the date the injury is discovered.

Review the Vermont personal-injury statute, 12 V.S.A. § 512.

Wrongful-Death Claims

Under 14 V.S.A. § 1492, a wrongful-death action generally must be commenced within two years from discovery of the death and is brought in the name of the deceased person’s personal representative. The statute also contains exceptions that may affect particular cases.

Review 14 V.S.A. § 1492.

Workers’ Compensation and Occupational Disease

Vermont workers’ compensation law has separate rules for occupational diseases. Section 660(b) states that an occupational-disease claim must be made within two years of when the occupational disease is reasonably discoverable and apparent. Section 656 also addresses notice and claim requirements and how the date of an occupational disease is determined.

Review 21 V.S.A. § 656 and 21 V.S.A. § 660.

Jurisdiction and Claim Coordination

A Vermont diagnosis does not necessarily mean every asbestos claim should be filed in Vermont. The appropriate jurisdiction can depend on where exposure occurred, the parties involved, the claimant’s connections to a state and other procedural rules.

Lawsuits, bankruptcy trust filings, workers’ compensation claims and VA benefits also follow different procedures. When more than one option may apply, reviewing them together can help avoid conflicts in timing or evidence.

Treatment Help in Vermont

Vermont patients can access thoracic and pulmonary care within the state and may also consider programs with specific mesothelioma experience when discussing care or second opinions with their medical team.

At University of Vermont Medical Center in Burlington, UVM Health’s pulmonary program includes pleural diseases and interventional pulmonology, while its cardiothoracic surgery service treats conditions affecting the chest and provides thoracic procedures.

Dartmouth Cancer Center’s Comprehensive Thoracic Oncology Program explicitly includes mesothelioma among the thoracic cancers it treats and lists St. Johnsbury, Vermont, among its program locations. Dartmouth also maintains a mesothelioma-specific resource describing multidisciplinary diagnosis and treatment options.

Patients can also review Mesothelioma Fund’s mesothelioma treatment resources or information about finding a treatment center. Treatment decisions should be made with qualified clinicians familiar with the patient’s diagnosis and medical circumstances.

How We Can Help

A mesothelioma diagnosis can raise legal, financial and treatment questions at the same time. Mesothelioma Fund can help patients and families organize work and exposure histories, identify records that may be useful, understand possible compensation options and locate additional resources.

If you worked around Vermont asbestos mining, construction, renovation or other asbestos-containing materials—or believe exposure happened elsewhere—we can help you prepare the information needed to explore your options.

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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