[breadcrumb]
With no naturally-occurring deposits of asbestos known to exist in Indiana, individuals still run the risk of developing mesothelioma or asbestosis if they were exposed to asbestos at work, home or in publicly-accessible buildings. Indiana is home to many industries that used asbestos due to the material’s insulating and heat-resistant characteristics.
Indiana has a thriving manufacturing industry that dates back several decades. Asbestos was also contained in machinery for its insulating properties. Maintenance workers who repaired machinery were at an increased risk of being exposed to asbestos. Additionally, workers in steel, automotive, electrical equipment, rubber, petroleum and coal manufacturing jobs could have also been exposed to asbestos because many of these products contained the material. Steel workers in particular were at an increased rate of exposure because asbestos was used in steel operations in a variety of applications in mills because of their ability to withstand high temperatures. Asbestos was used in machines, protective gear and other products in these mills.
Power plant workers were also at an increased risk of asbestos exposure. Asbestos was used because of its insulating properties for heat and electricity. Additionally, oil refineries commonly used asbestos, placing workers in the many oil and gas refineries at risk.
In addition to workers being exposed directly to asbestos in their various jobs, family members could also have been exposed to asbestos fibers by breathing in these materials when the worker came home with them on his or her clothing. This can cause what is known as secondhand exposure to asbestos. If you have been diagnosed with mesothelioma, contact our lawyers to learn more about your options for compensation from litigation or trust claims.
Quick Links:
Indiana Asbestos Regulatory Agencies
Indiana Mesothelioma Diagnoses
Indiana Laws Concerning Asbestos
Indiana Statute Of Limitations
Indiana Asbestos Trust Funds
Indiana Mesothelioma Verdicts and Settlements
Indiana Asbestos Exposure Site List
Indiana Mesothelioma Law Firms
Indiana Mesothelioma Diagnoses
Reports describe Indiana ranking 21st in the nation for mesothelioma and asbestosis diagnoses. It has a mesothelioma diagnosis rate of at least 8.6 people per million annually, which is slightly above average. Mesothelioma incidence is higher in the northeastern area of the state. Lake County is the county with the highest incidence rate for asbestos-related diseases in the state. From 1999 to 2015, a minimum of 929 Indiana residents were diagnosed with mesothelioma. Another minimum of 159 people were diagnosed with asbestosis and 3,492 individuals were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. Cities where the majority of diagnoses occur are: Indianapolis – Bloomington – Fort Wayne – Evansville – Carmel and Gary
Indiana Asbestos Laws
Indiana has several laws that impact the nature of asbestos and mesothelioma claims. The state legislature is also actively considering implementing new rules that would require mesothelioma victims to disclose if they have filed a claim with an asbestos trust. Additionally, the legislature has proposed a bill that would require claimants to meet certain medical criteria in order to pursue their asbestos case.
Some of the existing laws that may impact asbestos cases include:
Statute of Limitations
Each state has a separate statute of limitations that determines the time limit by which a case must be brought. In Indiana, this time limit is two years. Asbestos exposure may not result in mesothelioma or other medical conditions until decades after exposure to the deadly substance. Indiana’s law allows personal injury victims to bring a lawsuit against a negligent defendant within two years of receiving a diagnosis of mesothelioma. If the person died of mesothelioma or other asbestos-related condition, the family has two years from the date of death to pursue a wrongful death lawsuit.
Court Exposure Standard
Various states have implemented statutes or incorporated standards in court cases that impose what type of proof must be provided in asbestos cases. One of the most common standards that is used is the Lohrmann test. Under this test, the plaintiff must show that the defendant produced a product containing asbestos, the plaintiff was exposed to it and the exposure was a substantial contributing factor in the plaintiff developing mesothelioma or another asbestos-related condition. The plaintiff must show this exposure based on the frequency, regularity and proximity to asbestos.
Indiana has not officially incorporated this standard or another specific standard. Therefore, plaintiffs must meet their burden according to a general theory of negligence. This requires showing that the defendant owed a duty to the plaintiff, such as to provide a safe work environment or to produce products in a safe manner. The plaintiff must show that exposing him or her to asbestos was a breach of that duty and that this exposure caused him or her to suffer injury.
Indiana Asbestos Regulatory Agencies and Regulations
Each state is required to follow regulations that are imposed by the federal government and federal agencies like the U.S. EPA or OSHA. On the state level, the Department of Environmental Management has been empowered to establish laws and regulations regarding asbestos. The Indiana Department of Labor is tasked with the responsibility of monitoring asbestos use in the workplace and adhering to federal standards. The department is responsible for monitoring the air quality in the workplace and providing information and instructions to workers on how to protect themselves from asbestos exposure. It also handles record maintenance related to asbestos and maintains warning notifications related to asbestos.
The state defines asbestos as “a group of minerals, a toxic substance and known carcinogen. The minerals which make up asbestos include chrysotile, crocidolite, amosite, anthophyllite, actinolite, and tremolite.”
Individuals who inspect or develop asbestos plans for a facility must attend a training course approved by the state and be licensed in accordance with Indiana regulations. The inspector must be certified by the Indiana Department of Environmental Management in their asbestos program. The department is responsible for inspecting, monitoring and auditing the asbestos certification program.
Before a facility is renovated or demolished, it must be properly inspected by an Indiana licensed asbestos inspector. If any asbestos is discovered, it must carefully be removed pursuant to state standards for asbestos disposal. Plans to demolish or renovate certain properties require the contractor or owner to provide notice to the Department of Environmental Management at least 10 working days before commencing the project.
However, residential buildings of four or fewer dwellings are not required to adhere to the inspection requirements. Additionally, individual homeowners are not required to adhere to the inspection and notification requirements. However, if the homeowner removes asbestos, he or she is required to properly store, contain, process and dispose of it in a manner described under Indiana law. The same applies to larger projects or commercial operations. Failing to abide by state or federal standards regarding asbestos use and removal can result in the suspension or revocation of a person’s license or accreditation.
The state also has additional procedures related to asbestos emission control and wetting procedures.
Indiana Asbestos Site Exposure List
Commercial locations and publicly-accessible locations in Indiana associated with a higher risk of asbestos exposure include:
- Jeffersonville Boat & Machine Company – Jeffersonville
- Rolls Royce – Indianapolis
- Dow AgroSciences – Indianapolis
- Peerless Pump – Indianapolis
- Gary Steel Works – Gary
- S. Steel – Gary
- Frankfort Power House – Frankfort
- Power & Light Company – Indianapolis
- Electric Works – Fort Wayne
- J. Oil & Refinery Company – Terre Haute
- Raybestos Friction Materials Company – Sullivan
- Nuturn Corporation – New Castle
- General Motors – Roanoke
- George Rogers Clark National Park – Vincennes
- Warrick Generating Station – Yankeetown
- Protestant Deaconess Hospital – Evansville
- Elizabeth Hospital – Lafayette
- Federal Office Building – Evansville
- General Services Administration Depot – Fort Wayne
Indiana Asbestos Trusts
Some companies established asbestos trusts as part of a bankruptcy agreement or personal injury settlement after many plaintiffs made claims against them. The liability of these companies was often in the millions. As part of restructuring the business or as part of a voluntary agreement, some companies relegated part of their business assets to be used to pay claimants.
There was only one known trust of this nature in Indiana. Gatke Corporation manufactured brake pads and other products that contained asbestos. It was later sued by multiple clients, leading to its bankruptcy filing in 1987. The company was headquartered in Warsaw. The trust was established in 1991 with an unknown amount of funds.
Indiana Asbestos Verdicts and Settlements
Indiana is home to several notable asbestos verdicts and settlements. The following verdicts which range from $1 Million to $250 Million were obtained from public news sources handled by unaffiliated law firms:
In 2017, an Indiana jury awarded large sum of money to the estate of a man who died from mesothelioma. The 81-year-old man had worked as a window glazier on commercial buildings in northeast Indiana and central Illinois between 1956 and the 1990s where he unknowingly used products that contained asbestos. The jury found Tremco Inc. responsible for his mesothelioma diagnosis and eventual death.
In 2003, a 70-year-old retired worker sued U.S. Steel Corporation, his employer in Gary, Indiana. The man had worked for the plant for more than 30 years where he was exposed to asbestos insulation materials. The jury awarded him a massive sum of money, including a gigantic amount in punitive damages. Rather than appealing the decision, the company settled with the man out of court for an undisclosed amount of money.
Many awards or settlements are not publicly made available. Often, the agreement includes language that the amount cannot be publicly shared. However, one firm notes the following verdicts and settlements:
- A client received a huge amount in compensation after being exposed to asbestos at a young age. He was later diagnosed with mesothelioma, which negatively impacted his quality of life.
- A client received a large settlement after working for years in an environment that exposed him to asbestos. He did not know he had cancer until well after his retirement.
- A client’s family received a substantial amount of money after losing their loved one from mesothelioma. He had worked around asbestos for many years.
- After being exposed to the toxic substance for a lifetime, another man developed mesothelioma. The firm was able to settle the case and get money for his family.
- Another client received considerable sum of money for compensation after being diagnosed with mesothelioma after years of asbestos exposure.
- A family received a sizable dollar figure in compensation after their loved one was diagnosed with mesothelioma.
Indiana Mesothelioma Lawyers
Indiana is home to several law firms that may serve as co-counsel to help mesothelioma victims and their families, including the following:
A law firm based in Merrillville, Indiana. The firm focuses on personal injury cases and has a dedicated practice area to mesothelioma, asbestos and toxic torts. The firm’s attorneys are experienced in pursuing cases of this nature. They discuss the extent of the client’s damages to determine the value of their claim and then work diligently to pursue maximum compensation on their behalf.
A law firm with offices in Bloomington and Indianapolis, representing clients throughout the state of Indiana. Its founding attorney is an Indiana native and stands behind the working people of Indiana. The firm also relies on the assistance of 13 other attorneys to represent clients. The firm has collected hundreds of millions for personal injury victims, many of which are mesothelioma victims.
A law firm that practices exclusively in personal injury law, dedicated to such areas as mesothelioma, lung cancer, asbestos-related diseases and occupational hazards and toxic exposure. The firm’s founding partner is in touch with the working people of Indiana and is recognized as a strong advocate.
A leading Indiana personal injury firm that is located in Indianapolis where several attorneys are asbestos litigators. The firm has been in place for more than 30 years, during which time it has acquired national recognition from a number of publications and been the recipient of multiple accolades. The firm is dedicated to helping educate Indiana families about their rights and works to protect them.
