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can you actually sue your old employer for asbestos exposure at work

Patient · · 2,811 views
So I'm sitting here thinking about this because obviously I got exposed at the Ford plant in Dearborn back in the 70s through the 80s doing brake work, and I'm wondering if I can go after them or if that ship sailed already.

From what I've been reading and talking to a couple lawyers, it's kinda complicated. You can sue them but there's some catches. One is the statute of limitations, which in Michigan is three years from diagnosis not from when you actually got exposed, which is good news for guys like me who didn't know about this stuff for decades. Another thing is workers comp might have already paid you something, and that can mess with what you can claim.

The tricky part is a lot of these old companies either don't exist anymore or they went bankrupt, which is why there's these trust funds set up. I think Ford is still around so that's different, but a lot of the smaller brake pad makers from back then are gone. My exposure came from Bendix pads mostly and I don't even know if that company is still operating.

I talked to a couple attorneys and they were pretty straight with me. They said I could probably file something but the real money might be more from the trust funds than suing Ford directly because of how these cases work. One guy spent like an hour on the phone with me for free just explaining the whole thing.

Anyway I'm not gonna lie, part of me wants to go after them just because they knew about this stuff and didn't warn us or give us proper equipment, but I'm also trying not to get my hopes up too high. The lawyers seemed interested though which I guess is a good sign.

9 Replies

Veteran
Yeah man, the statute of limitations thing is actually one of the few breaks we get. Three years from diagnosis beats the hell out of trying to prove when you got exposed decades ago. I filed my VA claim in November, right after my diagnosis in October, and even though that's a different process than suing Ford directly, same principle applies. The clock starts when they find it, not when you breathed it in.

The trust fund angle is real. A lot of these companies either folded or got tied up in bankruptcy specifically because of asbestos liability. That's actually why the trusts exist. You might end up getting money from Bendix's trust fund even if Ford is still operating, because they made their own products and have their own liability history. The lawyers I've talked to about the VA side mentioned that too, kinda as an afterthought, but it matters.

Here's what I'm dealing with on my end. I was at Camp Lejeune 1978 to 1982, barracks full of asbestos insulation, and then shipboard on the Iwo Jima. VA's got a whole list of conditions connected to Lejeune exposure, mesothelioma's on it, but the claim process is still grinding. Filed in November, had surgery in December, and I'm still waiting. The point is even when the government literally knows you were exposed to the stuff, it takes forever. Private suits against companies probably move faster once you get a lawyer involved, but don't expect quick money.

The anger you're feeling is legitimate. They knew. Ford knew. Bendix knew. They had the data and they just didn't care enough to protect guys doing honest work. That said, focus on getting representation and filing everything you can. Trust funds, VA if you're eligible, potential lawsuit. You cast a wide net and let the lawyers figure out which avenue pays.
Patient
Yeah the VA angle is huge, that's something I haven't dug into yet honestly. Good move filing right after diagnosis. I'm still trying to figure out if I qualify for that or if it's just for actual military guys, but I'll def look into it. The trust fund stuff seems like the realistic path forward for most of us from the old factory days.
Attorney ✓ Expert Response
Your read on this is pretty accurate, and the attorneys you spoke with gave you solid information. Michigan's three year discovery rule is one of the more favorable ones I've seen, and it runs from diagnosis or from when you reasonably should have known the cause, which matters a lot for guys whose symptoms showed up thirty years after the exposure.

The Bendix piece is interesting. Honeywell acquired Allied Signal which acquired Bendix, so there's actually a solvent corporate successor you may be able to reach, not just a trust fund. I've seen cases where that distinction changed the whole strategy. And you're right that Ford is still very much a viable defendant, though the calculus on what to pursue and in what order gets complicated fast.

On the trust fund side, there are currently around 60 active asbestos bankruptcy trusts, and many brake exposure cases qualify for claims against multiple trusts simultaneously. A case I worked on back in 2011 ended up with claims filed against seven separate trusts because the guy had worked with products from that many manufacturers over his career. That's not unusual for someone doing brake work over a decade or more.

The workers comp question is state specific and Michigan has some particular rules around how comp payments interact with tort claims, so that's worth pinning down early.

The attorneys being interested is genuinely a good sign. These firms take cases on contingency so they're doing their own math before they engage. Consult with an attorney about your specific situation before moving forward, but it sounds like you've already started that process and you're asking the right questions.
3 found this helpful
Patient
Hey Mark, thanks for jumping in on this. So you're saying Honeywell is the one I'd actually be going after? That changes things a bit because I figured Bendix was just gone. Did the acquisition happen before or after most of the asbestos lawsuits started flying around, because I'm wondering if that matters for how much they're actually liable for the old stuff.
Veteran
Yeah Ford's still around so you got that going for you at least, but honestly the trust fund route is probably where the real settlement money is anyway. The statute of limitations working from diagnosis instead of exposure is the one thing that actually works in our favor with this stuff.
Attorney ✓ Expert Response
Your read on this is pretty accurate, and honestly it sounds like you've already done more homework than most people who come to us.

The Bendix piece is something I've seen play out in hundreds of cases. Bendix became part of Honeywell, and Honeywell has been in asbestos litigation for decades. There's an active trust fund situation there, and claims from brake mechanics with that specific exposure history have been filed in significant numbers. You're not starting from scratch.

Michigan's three year discovery rule, meaning the clock starts at diagnosis not exposure, is codified under MCL 600.5827 and it genuinely changes the calculus for guys who were working in the 70s and 80s. I had a client back in 2009 who was convinced his case was dead because 25 years had passed. It wasn't.

The workers comp question matters a lot depending on what you received and when. In some jurisdictions comp payments can affect what's called your "election of remedies" but Michigan has specific carve-outs worth examining closely before you assume it blocks anything.

Your instinct about Ford being different from the bankrupt companies is right. A direct employer claim against a solvent company like Ford goes through a different track than trust fund claims, and the two aren't always mutually exclusive. We've filed both simultaneously in cases with similar exposure profiles.

The fact that attorneys were willing to spend real time with you matters. Asbestos attorneys typically work on contingency so they're not taking cases they don't believe in.

Please do consult an attorney about your specific situation, because the details here really do change everything.
3 found this helpful
Attorney ✓ Expert Response
Your read on this is pretty accurate, and you've clearly done some homework. The Michigan three year discovery rule is exactly right, it runs from diagnosis or when you reasonably should have known about the connection, not from that first day you handled those brake pads in Dearborn.

On Bendix specifically, that's actually a well-traveled path in asbestos litigation. Honeywell acquired the asbestos liabilities when AlliedSignal merged with them, and there's a trust fund structure that came out of that. I had a client back in 2009 who was in almost identical circumstances, brake mechanic, Bendix pads through the 80s, and the trust route was a significant part of his overall recovery. Not the only part, but significant.

The attorneys you spoke with were steering you right that it's often not just one claim. It could be a direct lawsuit against a solvent defendant, trust fund claims against multiple defunct manufacturers, or both running simultaneously. Michigan courts have seen a lot of these cases and the process is reasonably well established.

The part about Ford knowing and not warning... look, that's actually a real legal theory called failure to warn and it's been litigated extensively. Whether it applies to your specific situation depends on what they knew, when, and what your job duties were. That's the kind of fact-specific analysis that takes some digging.

Please do consult an attorney who handles asbestos litigation specifically for your situation, because the trust fund filing deadlines and claim requirements vary and some have procedural steps that can trip people up if they're not familiar with them.
3 found this helpful
Attorney ✓ Expert Response
Your read on this is pretty accurate, and the attorneys you spoke with were giving you solid information. The Michigan three year discovery rule is key for situations exactly like yours, the clock typically starts when you receive a mesothelioma or asbestos related diagnosis, not when the exposure happened back in the 70s.

On Bendix specifically, that one comes up constantly in my practice. Honeywell acquired Allied Signal which had absorbed Bendix, and there is an active asbestos trust established through bankruptcy proceedings that handles those claims. So even though the original Bendix is gone, there may be a path there. I had a client from a similar auto plant situation in 2019 who ended up filing with four separate trusts simultaneously because the exposure involved multiple product manufacturers over the years.

The Ford piece is genuinely more complex. They are still a solvent defendant, which sounds good, but it also means litigation rather than a trust claim process, and Michigan courts handle these cases differently than say California or Texas which have more streamlined asbestos dockets.

The fact that multiple attorneys showed interest after reviewing your situation does matter. Cases with documented plant exposure, a specific employer, and identifiable product manufacturers like Bendix tend to be stronger than situations where everything is speculative. Brake work is also well documented in the medical literature as a significant exposure source.

Please consult an attorney for your specific situation, and sooner rather than later given the statute of limitations considerations.
2 found this helpful
Patient
Yeah that Bendix thing is exactly what I was trying to figure out. So Honeywell's got it now? That actually makes me feel a little better knowing there's a trust behind it instead of just chasing some ghost company. Did you say there's an active trust set up for Bendix claims or did your message get cut off there?

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