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can you actually sue your employer for asbestos - what I learned filing against the Corps

Veteran · · 1,768 views
So I'm getting asked this a lot now that word got out about my diagnosis. Short answer is yeah you can, but it's complicated and depends on a bunch of stuff.

I was at Camp Lejeune from 1978 to 1982 in those barracks with asbestos insulation all over the place. Everyone knew it was there, nobody did anything about it. Also spent time on the USS Iwo Jima where the same thing was happening. That's federal property so the rules are different.

The VA claim is one path, and that's what I'm doing right now. Filed in November, still waiting to hear back. But if you worked for a private company or contractor that exposed you to asbestos, you might have a straight up lawsuit against them. That's where most of the settlements I'm reading about come from.

Here's the thing though. You need to prove they knew about the asbestos and didn't protect you or tell you about it. That's the key part. Employment records help. Medical records help. If you can find other guys who worked there and got sick, that helps a lot.

Timing matters too. There's a statute of limitations and it varies by state. In California where I am it's a few years from diagnosis, not from when you were exposed. So if you just got diagnosed, you still have time to move.

I'm not a lawyer, just a guy who's been reading a lot about this stuff while I'm waiting and dealing with the aftermath of my surgery in December. But yeah, employers absolutely can be held responsible. They just don't want to be, so it takes work.

8 Replies

Attorney Expert Response
What you've laid out here is pretty accurate, and honestly better than what some clients come in knowing after weeks of research.

The military situation is its own thing. Federal employees and servicemembers run into the Federal Tort Claims Act, which has different procedural requirements than a standard civil suit, and the Camp Lejeune Justice Act of 2022 specifically opened a window for claims that were previously blocked. That was a big deal. Before August 2022 those claims were essentially dead on arrival due to sovereign immunity.

The private contractor piece is where I've seen the most traction over the years. We had a case settle in 2019 involving a shipyard contractor where the key evidence was an internal safety memo from 1971 showing company officials knew the exposure levels were dangerous. That document sat in a warehouse for decades. Discovery is where these cases get won or lost.

On California's statute of limitations, you're right that it runs from diagnosis under CCP section 340.2, not from exposure. That said, there are nuances around when someone "should have known" the illness was asbestos related, so the clock question isn't always as clean as it sounds.

The witness piece you mentioned, finding coworkers who got sick, that's something we work hard on in every case. Corroborating testimony matters a lot when employment records are incomplete or destroyed.

Please do consult an attorney for your specific situation, especially given the military component, because the procedural paths really do diverge significantly.
3 found this helpful
Patient
I'm tracking this pretty carefully myself since my exposure was at Johns-Manville from 1978 to 1985 in Cleveland. The employer liability angle is something I've been digging into with my oncologist's records and some old documentation I pulled together.

What you said about proving knowledge is huge. I found a 1981 internal memo from the plant manager acknowledging asbestos concerns and basically saying they'd address it "when budget allows." That single document changed how my legal consultant views the case. It's not just about the exposure, it's about what they knew and when they knew it.

The statute of limitations thing is critical too. Ohio's is different from California but my diagnosis in November 2025 essentially resets the clock, which gives me a window I wouldn't have had if I'd ignored the symptoms longer. I kept a detailed symptom journal dating back to 2023 when I started having abdominal bloating and the doctor kept dismissing it as IBS. Having that timeline actually matters for the timeline of damages argument apparently.

One thing I'm wrestling with right now is whether to pursue the employer suit while also evaluating HIPEC surgery options. My oncologist mentioned that settlements sometimes take years and I'm Stage II so time feels like a different kind of resource. I've read some case studies where patients combined VA claims with private suits but the coordination gets messy.

Have you found any good resources on the federal employee angle? The military exposure is trickier legally than private industry and I'm curious what path worked best for you there versus the employment route.
Family
Joe's case is a bit different since the military exposure is its own thing, but I totally get why you're digging into all this. We've been down the legal rabbit hole too and it's exhausting on top of everything else.

What really stuck with me from our conversations with the folks helping us is that documentation is everything. Joe worked construction in the 70s and 80s before his diagnosis last fall, and we spent weeks just trying to track down old job sites and who was doing what. One of the guys he worked with back then remembered the company name and that helped more than you'd think. Even old paystubs matter because they show where he was.

The waiting game is brutal. We filed stuff in November like you did and I'm still checking the mail every single day. It's like being back in the classroom waiting for test results except way worse because it's your husband's life you're talking about. But at least while you're waiting you can gather that stuff, find those other workers, get your medical records organized. Teaching taught me that preparation matters even when the outcome feels out of your hands.

One thing nobody really tells you is how expensive it gets before anything settles. We've had to pay for medical reports and documentation copies out of pocket. I don't know your situation but that's something to budget for if you're going this route.

How's your husband doing after his treatment? The waiting part was honestly harder on Joe than the actual procedures were.
Patient
That federal property angle is interesting - I'm dealing with something similar from my time at the Johns-Manville plant in Cleveland, though that was private so the liability seems more straightforward. Did the VA claim process end up being faster than you expected or is it still dragging?
Veteran
Got the same setup you did man. Camp Lejeune 78 to 82, then ship time. The difference is I'm still fighting with the VA over what counts as service connected. They're dragging their feet on the mesothelioma claim I filed in November and it's been almost three months of nothing. Just radio silence.

Your point about proving they knew is everything. At Lejeune it was documented. There were work orders about the asbestos, maintenance guys knew it was there, officers knew. We just weren't told anything. That's the whole problem. And yeah the statute of limitations thing caught me off guard too. I thought it was from exposure but California runs it from diagnosis which actually gives you a window if you catch this early enough.

Private sector guys have it different than us. If you worked for a contractor doing shipyard work or construction, those companies have insurance and settlement funds set up. Military's another animal entirely because sovereign immunity makes it messier. Your best bet is the VA route first, get that documented, then see if there's anything else available after.

One thing I'd add is get all your service records together now. Discharge papers, duty stations, medical records from back then if you can dig them up. The VA took forever processing mine because I had to track down paperwork from 1982. Having it ready from the jump saves months of waiting.

Surgery in December knocked me back pretty hard. Four weeks out and still not cleared for much. But at least I know what I'm dealing with now instead of just coughing and wondering. That part matters more than people realize.
Patient
Man, I gotta say the private company angle is way different from what you guys are dealing with on the military side. I spent thirty years turning wrenches at shops around Detroit, and we had asbestos brake dust flying everywhere in the 70s and 80s. Nobody handed us masks, nobody told us squat about it. When I filed my claim last month my lawyer pulled our old shop records and found safety bulletins the shop owner got in 1974 about asbestos hazards but just stuffed in a drawer. That "they knew" part Joe mentioned, that's the smoking gun right there.

The statute of limitations thing is real too. Michigan gave me till I'm 75 to file since I just got diagnosed in December, but that's not every state. My buddy in Ohio thinks he's out of luck because he got diagnosed way back in 2008 and waited too long to do anything about it.

What I'm still trying to figure out is whether my home renovation asbestos exposure mixes into the work stuff or if they're separate claims. Got some drywall dust issues back in the 90s at my place and I'm wondering if that complicates things or if my lawyer just focuses on the brake pad years...
Veteran
That's exactly the kind of evidence that wins these things. A shop owner getting actual safety bulletins and doing nothing about it - that's them knowing and not caring, which is what lawyers are looking for. Sounds like you got a solid case going. How far along are you in the process, or is it still early?
Family
wow the timing thing is what nobody told me either, my mom got diagnosed in august and i kept thinking we missed the window but sounds like we might still have options. this is really helpful to read.

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