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can you actually sue your old employer for asbestos exposure - what I'm finding out

Patient · · 420 views
So I've been digging into this since my diagnosis last December and honestly it's more complicated than I thought. I worked at Ford's Dearborn plant from 1970 to 2000 doing brake work, and yeah, we were breathing in asbestos dust like it was nothing back then. Nobody told us it was dangerous.

My lawyer says I can sue them but there's a catch. The statute of limitations doesn't start when you got exposed, it starts when you got diagnosed. I got diagnosed in December 2025 so I've got time, but not forever. Different states have different rules on this and Michigan's is decent compared to some places I've read about.

Here's what matters though. You need to prove your employer knew or should have known asbestos was dangerous. Ford definitely knew by the 1980s, everyone did. You also need medical proof the exposure actually happened at that job. For me that's easy because I worked there 30 years and did the same work the whole time.

The tricky part is your employer might be bankrupt or they might blame someone else like the brake pad manufacturer. That's where it gets messy. My lawyer is going after both the company and the supplier, which apparently is pretty normal.

I'm not gonna lie, part of me is still mad about it. They made money off my back and never said a word about what we were breathing. But right now I'm focused on the EPP surgery recovery and getting my treatment lined up. The lawsuit is just something happening in the background.

If you're thinking about this, get a lawyer who does meso cases. Don't go to some ambulance chaser. And don't wait too long because even though you've got time, the sooner you file the sooner you can actually get paid.

9 Replies

Veteran
Good info here. Statute of limitations is real and it bites people. I filed my VA claim in November, two months after diagnosis, and I'm still waiting on those knuckleheads to move. But at least with VA you don't have to prove your employer knew anything. They already know about Camp Lejeune. 1978 to 1982 I was in those barracks with asbestos wrapped around the pipes like it was insulation, which it was. Then we got orders to USS Iwo Jima and same deal there. VA's got their records. Problem is they move slower than a court martial.

Your Ford angle is solid though. Thirty years in one place doing the same work, that's a paper trail. My lawyer said employers from that era have internal memos about asbestos dangers, and if Ford's got them you're in good shape. The brake pad manufacturers, yeah, they're gonna get dragged in too. That's standard play.

The bankruptcy thing though, that's what worries me. Some of the companies that exposed me are already gone or tied up in asbestos trust funds. My lawyer's still figuring out which pots of money are actually available. Don't count on getting a big check fast is what I'm saying.

Focus on treatment first like you said. I had the surgery in December and it's rough but necessary. The lawsuit money is background noise. Just make sure your lawyer is actually filing and not just taking retainer fees and disappearing. Check in with them quarterly. Don't be shy about it.
Patient
Yeah man, the VA route sounds like it should be easier on paper but I hear it takes forever anyway. At least you got documentation built in with military records, that's something I didn't have to worry about. The thing that gets me is you guys knew even less than we did on the civilian side, like they were just wrapping that stuff around pipes in your barracks? That's wild. How long you been waiting now on that claim?
Attorney Expert Response
The employer-plus-supplier approach your lawyer is using is something I've seen work well in brake lining cases specifically. What a lot of people don't realize is that many of those suppliers set up asbestos trusts before or during bankruptcy, so even if the manufacturer is long gone, there may still be a fund to claim from. I had a client in 2019 who ended up with claims against four separate trusts from one job site. None of those companies existed anymore but the money was still there.

Michigan's three year statute from date of diagnosis is actually on the more generous end. Some states give you one year, which is brutal when you factor in how long it takes just to get your bearings after a mesothelioma diagnosis.

One thing worth flagging since you mentioned EPP recovery... courts can sometimes accommodate expedited scheduling for mesothelioma plaintiffs. Not always, depends on the judge and jurisdiction, but it's something to ask your attorney about specifically. You shouldn't have to wait years for a resolution when time is genuinely the issue.

Consult your own attorney about your specific situation, but what you're describing sounds like a well-structured case already.
3 found this helpful
Attorney Expert Response
Your lawyer gave you solid advice on the discovery rule, and Michigan's 3-year statute from diagnosis date is actually one of the more reasonable ones. Some states give you as little as one year from diagnosis, so where you live genuinely matters here.

The dual-track approach your attorney is taking, going after both Ford and the brake supplier, is exactly right. We had a case years ago where the primary employer had strong defenses but the gasket manufacturer had a trust fund that paid out within about 14 months of filing. The asbestos bankruptcy trust system has over 60 separate funds at this point, some of them massive, and brake work at an auto plant typically touches multiple product lines which means multiple potential claims.

The "they should have known" standard is actually easier to meet than people expect for your timeline. Internal Ford documents from the late 1970s showing asbestos hazard awareness have shown up in discovery in cases I've worked on. Your 30 years doing the same work is genuinely strong causation evidence, that kind of occupational history is the kind of thing that makes a case straightforward on the medical causation side.

One thing worth knowing... the EPP surgery documentation your medical team is generating right now has real evidentiary value. Keep records of everything.

As always, please consult an attorney for your specific situation. What I can say is that the instinct to move forward on both fronts, treatment and litigation, at the same time is the right one. They don't have to compete with each other.
3 found this helpful
Patient
Yeah that's good to hear from someone who actually knows this stuff. The trust fund angle is what my lawyer keeps mentioning too, and honestly that's the part that gives me some hope because Ford's been around forever but who knows what their liability looks like these days. Did you find that brake suppliers are usually easier to pin down than the big manufacturers? That's kinda what I'm wondering about since there were probably a bunch of different pad makers over my 30 years there.
Attorney Expert Response
Your lawyer is steering you right on most of this. The discovery rule, which is what Michigan uses, is genuinely one of the more favorable statutes of limitations frameworks I've seen across the country. Some states I've worked cases in give you as little as one year from diagnosis. Michigan's three-year window under MCL 600.5852 gives families real breathing room, though I'd never count on having all three years available.

The dual-track approach your attorney is taking, going after both Ford and the brake supplier, that's exactly what experienced asbestos counsel does. We had a case out of Wayne County back in 2018 where the employer's primary defense was "we just used what the manufacturer sold us." The product liability angle against the supplier became the stronger claim. Sometimes that's just how it shakes out.

One thing worth knowing. Even if a manufacturer went bankrupt decades ago, there are asbestos trust funds set up specifically to pay claims. Some of those trusts have paid out billions since the 1990s. Your lawyer can file trust claims simultaneously with any active litigation, and a lot of clients don't realize those are separate processes running at the same time.

The part about Ford knowing by the 1980s... honestly the documentary evidence on corporate knowledge in the auto industry is pretty damning. Internal memos, industry studies going back to the 1930s. That's typically not the hard part of these cases.

Focus on your recovery. Get your records organized if you can, employment records especially. And please do consult an attorney about your specific situation, which it sounds like you already have. Just make sure they're running trust claims alongside the litigation.
2 found this helpful
Family
Ugh this is exactly what I've been trying to figure out too. My mom worked in a textile factory in North Carolina before we moved here, and her oncologist mentioned it could be related but honestly I don't even know where to start with the legal stuff. She's stage III and we're just trying to get through chemo right now so the lawsuit thing feels like it can wait, but reading your post makes me realize maybe it can't?

The thing about proving exposure at the job... that's what scares me. She worked there in the late 70s and early 80s and a lot of those records don't exist anymore. Some of her coworkers have passed away. I guess I need to ask her more about what she actually did there and if she remembers anyone else who got sick.

I'm glad you mentioned not waiting too long. I keep putting this off because I'm already juggling her appointments, my teaching job, and honestly just trying not to fall apart some days. But you're right that the clock is ticking even if it feels far away right now. Do you know if there's a way to at least get the ball rolling without it being this huge time commitment? Like can a lawyer do some of the heavy lifting or are we gonna have to dig up all this old stuff ourselves?

And yeah, the anger thing... I get it. Part of me is furious that she spent decades around something dangerous and nobody protected her. It's not even about the money for me, it's just the principle of it all.

How are you doing with the recovery from surgery? That sounds intense on top of everything else.
Attorney Expert Response
Carl, the point about Ford being around is actually a double-edged thing in litigation. Yeah, they're solvent, so there's a real defendant with real money. But solvent defendants also have the resources to fight hard and drag things out. I had a client in 2019 whose case against a bankrupt supplier resolved in about 14 months through trust fund claims, while the live corporate defendant took nearly four years to settle.

So sometimes the trust fund piece moves faster even though it sounds like the consolation prize.

The other thing nobody's mentioned yet is the deposition of co-workers. If you can find guys who worked alongside you at Dearborn doing the same brake work, their testimony about what the conditions were actually like can be more powerful than any document. We've located former plant workers through union pension records before, and that's changed the trajectory of cases.

Talk to your lawyer specifically about that. It varies by jurisdiction how much weight it carries, but in my experience it matters.
2 found this helpful
Patient
Yeah that's a good point I hadn't really thought about it that way. My lawyer mentioned the trust fund stuff but honestly I was so focused on going after Ford directly that I kinda glossed over it. So you're saying the supplier's bankruptcy trust might actually pay out faster than waiting on Ford to settle? That's interesting because I figured the big company with deep pockets would be the quicker route. How much does that timeline difference usually matter in terms of actual money you get, or is it pretty much the same either way?

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