Nebraska mesothelioma lawyers are standing by to help victims of asbestos exposure file lawsuits and pursue compensation. Approximately 1,600 Nebraska residents died from mesothelioma, asbestos-related lung cancer, and asbestosis between 1999 and 2017.[1] Most of Nebraska’s asbestos exposure happened in industrial workplaces, such as power plants or factories.
How Do I File an Asbestos Claim in Nebraska?
As a victim of asbestos exposure, you have legal rights. Many families in the state have been affected by asbestos, most often due to workplace exposure. From job sites in Omaha, Lincoln, Bellevue, Grand Island, Kearney, North Platte, Henderson, York, and other areas, innocent victims came into contact with harmful asbestos.
If you have been affected by asbestos in Nebraska, you may qualify for one or more types of claims:
- Personal injury claim. If you have an asbestos illness, like mesothelioma, you can sue the companies responsible for exposing you to recover damages.
- Wrongful death claim. If you lost a loved one to an asbestos illness, you can also sue for damages.
- Asbestos trust fund claim. Many asbestos companies filed for bankruptcy and had to set up trust funds as part of the legal process. You may qualify for compensation from one of these trusts.
- VA claim. If your exposure occurred during military service, the VA provides benefits. A lawyer can help you make a claim.
Where Could I Have Been Exposed to Asbestos in Nebraska?
Asbestos has not been as much of a risk in Nebraska as in other states for several reasons. The Cornhusker State has no natural asbestos deposits, which can be stirred up and cause exposure.
Nebraska is also primarily rural, with an economy based on agriculture. In other states, high exposure rates usually occur in industrial, manufacturing, and other similar jobs.
Nebraska does have some industrial workplaces. Industrial job sites are some of the most common places where Nebraskans have been exposed to asbestos. Also, most old buildings contain asbestos, a problem in all states. Demolition and renovations can cause exposure.
Western Mineral Products
Although Nebraska does not have a lot of industry, a vermiculite processing plant in the state caused significant exposure to asbestos for workers and nearby residents.
This Omaha facility produced concrete materials, insulation, and other products that used vermiculite, a natural mineral. Much of the vermiculite used there came from the W.R. Grace mine in Libby, Montana.[2]
The mine produced vermiculite for decades and shipped it to facilities nationwide, including Western Mineral Products in Omaha. The mine stopped production in 1990 after discovering that the vermiculite was contaminated with asbestos.
In Omaha, workers processed over 150,000 tons of this contaminated mineral, which put them at risk of getting sick due to asbestos exposure. Federal agencies have tested the now abandoned facility and declared it no longer a threat, but workers and residents nearby were exposed to asbestos for decades.[2]
Natural Disasters and Asbestos Debris
Another way in which Nebraskans may be exposed to asbestos is through the asbestos-containing materials in older homes and buildings. Federal and state laws dictate how people are to be kept safe from this source of asbestos, but they cannot control the weather.
Natural disasters, like floods and tornadoes, are not uncommon in Nebraska and can wreak havoc. These disasters sweep through quickly and cause massive destruction. They rip down buildings, and when those buildings contain asbestos, they can leave behind contaminated debris.
When the waste dries out, it becomes dangerous. The dried fibers of asbestos become airborne and pose a risk to cleanup crews, rescue workers, and others.
Other Exposure Sites in the State
The Western Mineral Products facility was a major site of asbestos exposure in Nebraska, but not the only one. Other work sites and buildings are known to have contained asbestos and may have exposed people:
- Union Pacific Railroad Company, Omaha and Grand Island
- Offutt Air Force Base
- Ace Drywall Company, Omaha
- Allied Chemical Company, Omaha
- Upjohn Company, Omaha
- Western Brick and Supply Company, Nebraska City
- United States Naval Ammunition Depot, Hastings
- Nebraska Power and Light, Omaha
- Goodyear Tire and Rubber Company, Lincoln
Can I Still Be Exposed to Asbestos in Nebraska Today?
Asbestos was far more of a problem decades ago, but it hasn’t gone away completely. People in Nebraska could still be exposed to asbestos through older buildings.
So many construction materials in the past contained asbestos that it lingers today in many homes, workplaces, and public buildings. A recent example of this occurred during renovations at Hastings Catholic Schools. The renovation included the removal of old asbestos materials.[3]
Another example occurred in Omaha when asbestos was discovered in aging police buildings. The city has stated that it needs to build a new police headquarters because of asbestos and other building issues.[4]
Examples of Succesful Asbestos Claims in Nebraska
Whether you encountered asbestos in the past or recently, negligent exposure put you at risk for mesothelioma and other illnesses. You have a right to seek compensation for the related expenses.
A lawyer cannot promise a good outcome, but experienced attorneys have won for many Nebraska asbestos victims. In 2007, A woman filed a wrongful death lawsuit after her husband died from mesothelioma.
He worked in construction for decades, encountering asbestos regularly. The man’s widow sued his employer, DeMarco Brothers Company, and was awarded over $100,000 to cover expenses related to her husband’s illness and death.[5]
Cancer and Mesothelioma Care in Nebraska
Regardless of how someone encountered asbestos in Nebraska, getting immediate and regular health care is crucial. Routine screenings for illness can help catch mesothelioma early and give a victim a fighting chance to beat it. After a diagnosis, expert care is essential.
Nebraskans can find excellent treatment at the Fred and Pamela Buffett Cancer Center at the University of Nebraska Medical Center in Omaha. According to the National Cancer Institute, this is a designated comprehensive cancer center, which means it is a leading facility for cutting-edge research and treatment.[6]
What Are Nebraska’s Asbestos Laws?
Asbestos laws in Nebraska are supposed to protect current workers and residents from asbestos exposure. Other laws in the state affect how past exposure victims file lawsuits and recover damages.
Asbestos Safety Regulations
The Nebraska Department of Health and Human Services is responsible for the state’s laws and regulations regarding the use of asbestos and working with it.
Schools in the state are regularly inspected for asbestos. All school maintenance and custodial workers have to be trained to work safely around the existing asbestos.
The Department of Health and Human Services requires written notification before starting any asbestos-related project or building demolition.
These job sites must follow specific rules to stop the spread of asbestos, including a twenty-five-foot boundary with warning signs, cleaning and securing tools, and wearing protective equipment. Asbestos workers must be trained and licensed by the state.
Statute of Limitations
Nebraska has set a statute of limitations on lawsuits filed by living people with asbestos-related illnesses and those filed on behalf of dead family members. If you were exposed to asbestos and became sick because of the exposure, you have four years from the time of diagnosis to file a lawsuit and make a claim for compensation.[7]
If you have a loved one who died from an asbestos disease, you have just two years from their death to make a similar case and file a lawsuit. Because of these time limitations, it is crucial to act quickly.
How Do I Find a Nebraska Mesothelioma Lawyer Near Me?
It’s important to seek out and work with a Nebraska mesothelioma lawyer for your best chances of success. The state is home to many experts in these cases who have the knowledge and experience necessary to guide you through the legal process.
Look for firms and lawyers with proven experience working with and winning for asbestos victims in the state. The right lawyers have the expertise and knowledge to get you the best outcome and to improve your chances of recovering damages.
Rod De Llano
WriterRod De Llano was born and raised in Laredo, Texas. He graduated from Princeton University with a B.A. in Economics, and earned a law degree from the University of Texas. After working for an international law firm for several years, Rod formed a law firm dedicated to representing persons injured by exposure to asbestos products. For over 20 years, Rod has fought for persons diagnosed with asbestos-related diseases such as mesothelioma, lung cancer, and asbestosis. His clients have recovered over $1 billion over the years.
References
- Environmental Working Group Action Fund. (n.d.). Asbestos-Related Deaths in Nebraska.
Retrieved from: http://www.asbestosnation.org/facts/asbestos-deaths/ne/ - Agency for Toxic Substances and Disease Registry. (2004, October 14). Western Minerals Products, Omaha, Douglas County, Nebraska.
Retrieved from: https://www.atsdr.cdc.gov/HAC/pha/WestMinProd101404HC-NE/WestMinProd101404HC-NE.pdf - Mach, H. (2022, September 26). Hastings St. Cecilia Renovations Moving Along Schedule. Local 4 KNSB.
Retrieved from: https://www.ksnblocal4.com/2022/09/27/hastings-st-cecilia-renovations-moving-along-schedule/ - Jordan, J. (2021, August 16). Asbestos Concerns at Police Headquarters Finds Chief Ordering Contingency Plan—Original Plan Can’t Be Found. News Channel Nebraska Central.
Retrieved from: https://www.newschannelnebraska.com/story/44530200/asbestos-concerns-at-police-headquarters-finds-chief-ordering-contingency-planoriginal-plan-cant-be-found - Supreme Court of Nebraska. (2007, June 1). Olivotto v. DeMarco Brothers Company.
Retrieved from: https://caselaw.findlaw.com/ne-supreme-court/1491428.html - National Cancer Institute. (n.d.). Find a Cancer Center.
Retrieved from: https://www.cancer.gov/research/nci-role/cancer-centers/find - Nebraska Legislature. (n.d.). Nebraska Revised Statute 25-207.
Retrieved from: https://nebraskalegislature.gov/laws/statutes.php?statute=25-207