For decades, people have known that there is a direct causative relationship between smoking and lung cancer. High-cost public awareness campaigns aim to educate people about this exact risk. The longer someone smokes and the more tobacco they consume, the greater their overall risk of eventually developing lung cancer.
While smoking increases the possibility of lung cancer, other risk factors can also affect someone’s likelihood of developing lung cancer eventually. Exposure to asbestos has a strong association with lung cancer. Asbestos is a natural mineral substance that workers in various industries, from mining to vehicle maintenance, sometimes encounter on the job.
Workers who handled asbestos and smoked sometimes believe that they have no claim for compensation if they later develop lung cancer. However, they may still be in a position to take legal action.
Asbestos exposure increases a smoker’s risk
A smoker could potentially develop lung cancer decades later. Someone exposed to asbestos on the job is also potentially at risk of lung cancer and other serious illnesses. Thus, an individual who has both smoked tobacco products and experienced workplace asbestos exposure is at particularly high risk of eventually developing lung cancer.
Their risk is higher than the risk levels for those who only smoke or who only have a history of workplace asbestos exposure.
Legal options available
Employers typically cannot absolve themselves of the liability that comes from exposing workers to known carcinogens just by pointing out that the worker also consumed tobacco products. While it may affect settlements, negligent parties that contributed to asbestos exposure can and should be accountable for the resulting damages.
In other words, someone who has worked with asbestos might be able to sue for money if they get lung cancer or mesothelioma later. Winning an asbestos case against a company can help cover medical costs. It can also support their family if the cancer is terminal or if the worker can’t work during treatment.
Realizing that smoking does not automatically bar a compensation claim could help someone hold an employer accountable for exposing them to a known human carcinogen.