Pennsylvania Mesothelioma and Asbestos Laws
What is Mesothelioma in Pennsylvania
In Pennsylvania, Mesothelioma is a rare form of cancer that occurs in the thin lining of tissue that covers most internal organs (known as the mesothelium). The most common mesothelioma diagnosis is pleural mesothelioma (which affects the tissue surrounding the lungs). Peritoneal mesothelioma, which affects the tissue surrounding the abdomen, and pericardial mesothelioma, which affects the heart tissue, are much less common.
Mesothelioma is typically caused by exposure to asbestos. Asbestos is a group of minerals that occur naturally in the environment as bundles of fibers. These fibers are resistant to heat, fire, and chemicals and do not conduct electricity. Because of these properties, asbestos has been used widely in various industrial and consumer products, including insulation, brake linings, floor tiles, shingles, cement pipes, and coatings for boilers and pipes.
People who work in certain occupations are at increased risk for asbestos exposure. For example, people who work in construction, demolition, shipbuilding, and mining are more likely to be exposed to asbestos than the general population. In addition, people who live in areas with a high concentration of asbestos in the air may be at increased risk for exposure.
Mesothelioma is most common in older adults. The average age at diagnosis is about 70 years old. Men are more likely to develop mesothelioma than women, and African Americans are less likely to develop mesothelioma than Caucasians.
People exposed to asbestos and who develop mesothelioma may be entitled to compensation. The type of compensation that a person may receive depends on the state where the person lives. In some states, such as Pennsylvania, people who have been diagnosed with mesothelioma may be able to file a lawsuit against the company that manufactured or sold the asbestos-containing product. Records of mesothelioma settlement proceedings are typically maintained in the jurisdiction where the case was heard and related Pennsylvania court records.
History of Mesothelioma in Pennsylvania
Mesothelioma was first identified in Pennsylvania in the 1970s. At that time, there were no laws regulating asbestos use or exposure. As a result, many people were exposed to the deadly mineral without even knowing it. In the years since, Pennsylvania has enacted several laws to protect workers and residents from asbestos exposure. These laws require companies to take steps to prevent asbestos exposure and provide compensation for people diagnosed with mesothelioma.
Despite these protections, mesothelioma is still a severe problem in Pennsylvania. Each year, dozens of people in the state are diagnosed with the disease.
Further information on the history of mesothelioma and asbestos in Pennsylvania can be obtained from the Pennsylvania Department of Health. The department maintains information regarding asbestos exposure, mesothelioma diagnosis and treatment, and how to get help. Pennsylvania residents may also call the department's toll-free helpline at 1-(800) 233-2358 for related information.
Mesothelioma Survival Rate in Pennsylvania
The survival rate for mesothelioma patients varies depending on the stage of the disease at diagnosis. The prognosis is poor, with a five-year survival rate of around 10%. However, advances in treatment options are helping to improve the outlook for some patients.
In Pennsylvania, the average death rate from mesothelioma is around 9 per 100,000 people. This is lower than the national average of 13 per 100,000 people. However, this figure may vary depending on the nature of the disease and the time of its diagnosis.
Persons who have been diagnosed with mesothelioma are advised to seek out the advice of a qualified oncologist. Several treatment options are available, and the best approach for each individual will vary.
Where is Asbestos Found in Pennsylvania
Following its association with several health conditions, including lung cancer and mesothelioma, the use of asbestos has significantly been reduced in recent years.
Despite this, there are asbestos exposure sites in Pennsylvania including old builings and construction sites
Places in Pennsylvania where asbestos has reportedly been found include:
- The Philadelphia Navy Yard
- The Bethlehem Steel Plant in Bethleham
- The Chester Water Treatment Plant
- The Northeast Philly High School for Girls
In addition, naturally occurring deposits of asbestos in Pennsylvania are found in the following Pennsylvania counties:
- Adams County
- Berks County
- Chester County
- Delaware County
- Lancaster County
- Lehigh County
- Luzerne County
- Monroe County
- Montgomery County
- Northampton County
Buildings constructed before the 1980s are more likely to contain asbestos.
Industries in Pennsylvania that use asbestos to date include:
- Steel production
- Power generation
- Cement production
When Was Asbestos Banned in Pennsylvania?
Asbestos was banned in Pennsylvania in 1989. The state's legislature unanimously voted to ban the use of asbestos after it was determined that the substance posed a severe health risk to those who were exposed to it.
The ban on asbestos has helped to protect the health of Pennsylvania residents and has contributed to a decline in the incidence of these diseases in the state.
The Pennsylvania department that oversees asbestos exposure includes The Pennsylvania Department of Health, The Pennsylvania Environmental Protection Agency, and The Occupational Safety and Health Administration. These organizations work together to ensure that asbestos is properly removed from buildings and that those who are exposed to it are protected from its harmful effects.
Following the asbestos ban in Pennsylvania, the number of asbestos-related diseases reported in the state declined dramatically. However, there are still many people who are diagnosed with these diseases each year. This is because asbestos exposure can take many years to result in illness.
Pennsylvania Laws & Regulations on Mesothelioma
Pennsylvania asbestos statutes and Pennsylvania mesothelioma regulations are in place to protect workers and the public from exposure to asbestos.
The Pennsylvania Department of Health has established an Asbestos Control Program to oversee asbestos regulation in the state. The program's goal is to eliminate exposure to asbestos in Pennsylvania through education, training, and enforcement of the state's asbestos statutes and regulations.
Pennsylvania asbestos statutes are outlined in the Pennsylvania Asbestos Control Act. The act requires businesses to notify the Department of Health of any asbestos-containing materials that will be disturbed or removed during renovation, repair, or demolition projects. Companies are also required to submit an asbestos abatement plan to the Department of Health for approval before starting work.
The Pennsylvania Asbestos Control Act also establishes standards for the safe handling and disposal of asbestos-containing materials. These standards must be followed when removing asbestos from a job site.
Departments Overseeing Mesothelioma Laws in Pennsylvania
The Pennsylvania Asbestos Control Program is responsible for enforcing the state's asbestos statutes and regulations. The program provides training and educational resources to workers and the public on the dangers of asbestos exposure. The program also conducts inspections of workplaces and other facilities where asbestos may be present. If violations are found, the program can issue citations and fines. The program also works with businesses to develop and implement asbestos abatement plans.
The Pennsylvania Department of Health operates an Asbestos Hotline that provides information on asbestos exposure and mesothelioma. The hotline is available during working hours.
The Pennsylvania Mesothelioma Compensation Board is a state agency that provides financial assistance to mesothelioma patients and their families. The board is funded through the Asbestos Abatement Fund, which is supported by penalties collected from businesses that violate the state's asbestos statutes and regulations.
In addition, the Pennsylvania Mesothelioma Compensation Board also provides financial assistance to mesothelioma patients and their families through two programs: the Patient Compensation Program and the Family Compensation Program.
The Patient Compensation Program provides financial assistance to mesothelioma patients for medical expenses, lost wages, and other costs associated with the disease. The program is open to Pennsylvania residents who have been diagnosed with mesothelioma on or after January 1, 1988.
The Family Compensation Program provides financial assistance to the spouses and dependent children of mesothelioma patients. The program is open to Pennsylvania residents who have a family member who has been diagnosed with mesothelioma on or after January 1, 1988.
The Pennsylvania Department of Health administers both programs. To learn more about the programs or apply for financial assistance, contact the Department of Health's Asbestos Control Program at (717) 787-4576.
Occupational Regulations for Asbestos-Related Jobs in Pennsylvania
The Pennsylvania Department of Labor & Industry has promulgated regulations to protect workers who may be exposed to asbestos. These requirements are designed to minimize the risk of developing asbestos-related diseases, such as mesothelioma.
There are two main types of asbestos regulation in Pennsylvania: exposure limits and medical surveillance.
The first type of regulation is an exposure limit, the maximum amount of asbestos that a worker can be exposed to throughout a workday. For most types of asbestos, the exposure limit is 0.1 fiber per cubic centimeter of air (f/cc).
There are also different limits for short-term asbestos exposure. For example, the limit for exposure to asbestos during 15 minutes is one fiber per cubic centimeter of air (f/cc).
The second type of regulation is medical surveillance. This requires employers to provide certain workers with regular health checkups to screen for asbestos-related diseases.
There are two different types of medical surveillance: general and specific.
General medical surveillance is required for all workers who may be exposed to asbestos, regardless of the level of exposure. Specific medical surveillance is required for workers exposed to asbestos at levels that exceed the exposure limits.
Pennsylvania's exposure limits and medical surveillance requirements are designed to protect workers from the health hazards associated with asbestos exposure. By following these regulations, employers can help ensure that their workers are safe and healthy.
Other occupational regulations for asbestos-related jobs in Pennsylvania:
- All workers who may be exposed to asbestos must be trained in recognition of asbestos and the hazards associated with exposure.
- Employers must provide personal protective equipment, such as respirators, to workers exposed to asbestos.
- Work areas where asbestos is present must be properly ventilated.
- Employers must use wet methods to control dust when working with asbestos-containing materials.
- Employers must keep records of workers' exposure to asbestos.
- Workers exposed to asbestos must be monitored for exposure regularly.
- Medical examinations must be provided to workers who are exposed to asbestos.
- Workers who are exposed to asbestos must be given the opportunity to receive additional medical surveillance.
Mesothelioma Infection Rate in Pennsylvania
The rate of mesothelioma infection in Pennsylvania is relatively low compared to other states in the U.S. However, this does not mean that the risk of developing the disease is insignificant. Anyone who has been exposed to asbestos fibers is at risk of developing mesothelioma, and Pennsylvania has a long history of asbestos use.
Several industries in Pennsylvania have used asbestos extensively, including the shipbuilding industry and the steel industry. As a result, many workers have been exposed to asbestos fibers and risk developing mesothelioma. In addition, there are many buildings in the state that contain asbestos insulation, and these buildings can pose a risk to the people who live or work in them.
Mesothelioma Treatment in Pennsylvania
Mesothelioma can be challenging to diagnose because its symptoms, such as shortness of breath and chest pain, are similar to those caused by other, more common illnesses. In addition, mesothelioma can take decades to develop after a person is first exposed to asbestos.
However, persons diagnosed with Mesothelioma in Pennsylvania have multiple treatment options as there are several treatment centers within state limits.
The first step in treatment is seeing a doctor and getting a referral to a specialist. There are several mesothelioma specialists in Pennsylvania, and they will be able to help a patient determine the best course of treatment for each particular case.
After seeing a specialist, the patient is likely to undergo some tests to determine the stage of the disease. The doctor will use these results to create a tailored treatment plan for the patient.
Several different treatment options are available for mesothelioma patients, including surgery, radiation therapy, chemotherapy, and immunotherapy.
Many mesothelioma treatment centers in Pennsylvania offer patients the latest treatment options and care. These facilities are equipped with the latest technology and treatments to help patients fight the disease.
The most popular treatment centers in Pennsylvania include the University of Pennsylvania's Abramson Cancer Center, the Thomas Jefferson University Hospital, and the Fox Chase Cancer Center. All centers offer a range of treatment options, including surgery, radiation therapy, and chemotherapy. The teams each provide various support services to help patients through their journey.
Pennsylvania Mesothelioma Lawsuits
Pennsylvania has a long history of asbestos use, and as a result, there have been many mesothelioma cases in the state.
Persons who have been exposed to asbestos in Pennsylvania may be able to file a lawsuit against the company responsible for their exposure.
Many law firms handle Pennslyvania asbestos lawsuits, and they will usually work on a contingency basis. This means that they will not get paid unless they win your case. If a victim decides to file a lawsuit, they will need to gather evidence of your asbestos exposure. This may include medical records, work records, and eyewitness testimony. They will also need to show that you have suffered damages due to your asbestos exposure.
The following is a step by step process for filing a Mesothelioma or Asbestos lawsuit in Pennsylvania:
- Find a law firm that specializes in mesothelioma lawsuits.
- Gather evidence of asbestos exposure; This may include medical records, work records, and eyewitness testimony.
- Show that you have suffered damages due to your asbestos exposure. This may include medical bills, lost wages, and pain and suffering.
- File your lawsuit in the appropriate court. In Pennsylvania, this will usually be the Court of Common Pleas in the county where you live or where the defendant is located.
- Serve the defendant with a copy of the lawsuit. The defendant will then have 20 days to respond to the case.
- If the defendant does not respond to the lawsuit, you may request a default judgment from the court.
- If the defendant does respond to the lawsuit, the case will proceed to discovery. This is where both sides will exchange information and documents relevant to the case.
- After discovery is complete, the case will go to trial. Each side will present their evidence and arguments to a judge or jury during trial.
- If you win your case, you will be awarded damages. These may include medical bills, lost wages, and pain and suffering.
- If you lose your case, you may appeal the decision to a higher court.
Some Pennsylvania mesothelioma lawsuits have been successful in getting compensation for victims. In one case, a woman was awarded $3 million after she developed mesothelioma from exposure to asbestos at her job.
Some Pennsylvania mesothelioma trust funds have been set up to help victims of asbestos exposure. The Asbestos Disease Awareness Organization has a mesothelioma trust fund that provides financial assistance to people diagnosed with mesothelioma.
The Mesothelioma Cancer Alliance also has a fund that provides financial assistance to people diagnosed with mesothelioma. Those who need help paying for treatment may be able to get assistance from one of these trust funds.
Mesothelioma Claims & Settlements in Pennsylvania
There are a few different ways to seek compensation for asbestos exposure or Pennsylvania mesothelioma claims.
One option is to file a personal injury lawsuit against the company or companies responsible for your asbestos exposure. If the plaintiff can prove that their exposure to asbestos was the result of negligence on the company's part, they may be able to recover damages for their medical expenses, lost wages, and pain and suffering.
Another option is to file a workers' compensation claim. In Pennsylvania, most employers must provide workers' compensation coverage for their employees. If the plaintiff can prove that their asbestos exposure was the result of their job, they may be able to recover damages through the workers' compensation system.
Finally, plaintiffs may seek compensation through the Pennsylvania Mesothelioma Settlement Trusts. These trusts were created to provide compensation to people who have been diagnosed with mesothelioma as a result of asbestos exposure. If a claimant is deemed eligible for payment from the trust, they may be able to recover damages for their medical expenses, lost wages, and pain and suffering.
Pennsylvania Asbestos Certification
In Pennsylvania, asbestos regulations are overseen by the Pennsylvania Department of Health's Division of Occupational Safety and Health (DOSH). Any individual who works with or around asbestos must have a valid certification from DOSH.
There are two types of asbestos certifications offered by DOSH: an Asbestos Worker Certification and an Asbestos Contractor/Supervisor Certification. Individuals who wish to obtain any Pennsylvania asbestos certification must complete an accredited training course and pass a written examination. In some cases, applicants must have at least two years of experience working with asbestos to obtain the desired certification.
DOSH also offers a voluntary Certification in Asbestos Hazard Evaluation and Warning that is available to any individual who works with or around asbestos. This certification is not required by law, but it may benefit individuals who wish to show potential employers that they have the knowledge and skills necessary to work with asbestos safely.
Pennsylvania Asbestos License Lookup
There are a few different options to lookup asbestos licenses in Pennsylvania.
The first is to visit the website of the Pennsylvania Department of Environmental Protection (DEP). On the DEP website, requestors will find a searchable database of licensed asbestos contractors.
Alternatively, the requesting party may contact the Asbestos Control Program at the DEP. The Asbestos Control Program can be reached by phone at 717-772-4490 or email at RAfirstname.lastname@example.org.
Finally, requestors can also contact their local county health department. Many county health departments keep lists of licensed asbestos contractors and can provide this information upon request.
Pennsylvania Asbestos Disclosure
In Pennsylvania, landlords must disclose the presence of asbestos in their rental properties.
Pennsylvania Asbestos disclosure act (Landlord-Tenant law) requires landlords to disclose the presence of asbestos in their rental properties.
The disclosure must be made in writing to the tenant when signing the lease or rental agreement.
The disclosure must include:
- A description of the location of the asbestos on the property;
- A description of the condition of the asbestos;
- The name of the person or company that performed the asbestos inspection; and
- The date of the inspection.
The Pennsylvania disclosure act is outlined in 35 P.S. According to the statute; landlords must make this disclosure even if the asbestos is not currently friable or broken down into small pieces that could be inhaled.
Pennsylvania Asbestos Regulating Agencies
There are several Pennsylvania asbestos regulating agencies operational within state limits. Primarily, however, Pennsylvania Department of Environmental Protection (DEP) regulates asbestos in the state. The DEP has set up an Asbestos Control Program to oversee all aspects of asbestos regulation, including licensing, training, and abatement.
The Asbestos Control Program is designed to protect public health and the environment by preventing exposure to asbestos fibers.
The program also ensures that asbestos-containing materials are properly disposed of, so they don't end up in landfills or other places where they could potentially harm people or the environment.
Persons who seek to have work done that involves asbestos must hire a licensed asbestos contractor. The contractor must follow strict rules and regulations to protect workers and the public from exposure to asbestos fibers. For further questions about the Asbestos Control Program or help to find a licensed asbestos contractor, interested persons may contact the DEP (800) 446-3267.
Pennsylvania Asbestos Lawsuit Statute of Limitations
The Pennsylvania Asbestos statute of limitations is two years from the date of the mesothelioma diagnosis. Thus, persons who have been diagnosed with mesothelioma have two years from that date to file a lawsuit. Persons who do not file a lawsuit within that time frame will be unable to recover damages for their injuries.
There are a few exceptions to the Pennsylvania Asbestos statute of limitations. Persons exposed to asbestos in the course of their employment may have an extended period to file a lawsuit. Additionally, if a victim was exposed to asbestos due to another person's negligence, they may have a longer period to file a lawsuit.
How to Choose a Mesothelioma Lawyer in Pennsylvania
A Pennsylvania mesothelioma lawyer can help claimants navigate the legal process and get the compensation they deserve.
Plaintiffs are advised to choose a mesothelioma lawyer with experience handling mesothelioma cases. This will ensure that they are familiar with the in's and out's of the legal process and knows how to best advocate for your rights.
Claimants should also choose a law firm with a proven track record of success in mesothelioma cases. An excellent way to learn about a law firm's success rate is to ask for referrals from other mesothelioma patients or their families.