can you actually sue your old employer for asbestos exposure or is that window closed

Man I get why you're asking. So here's what I know from going through this myself. The Navy isn't gonna be sued directly, that's sovereign immunity stuff and it's locked down tight. I learned that the hard way when my lawyer explained it in November after I filed my VA claim.

What you can do is look at the manufacturers. The companies that actually made and sold the asbestos insulation, the pipe wrap, all that garbage we were around. Those companies had insurance and a lot of them set up trust funds because they got sued into oblivion back in the 80s and 90s. The statute thing varies by state but a lot of times it runs from diagnosis, not exposure. That's actually good news for guys like us since we didn't know we were sick until years later.

I'm Stage II pleural, diagnosed October after a cough I couldn't shake. Had my surgery in December at Balboa and I'm working through my VA claim right now. It's slow as hell but that's separate from any manufacturer stuff. My lawyer is handling both angles simultaneously. One thing I found out is you gotta act because yeah, there are deadlines and they're real.

The Oriskany had plenty of asbestos. Hull tech would've been right in it. Get in touch with someone who specializes in this, not a general practice attorney. They know which trusts are still active, which manufacturers are still viable defendants, all that. And file your VA claim if you haven't already because that's your baseline.

It's not too late but it's not infinite either.

Navy itself you can't touch but there's asbestos manufacturers and suppliers that's where the cases go, and yeah statute starts from diagnosis not exposure so you're still in the window. Talk to a lawyer who handles this stuff, they'll know what's viable for your situation.

You're not alone on the Oriskany, we all breathed that stuff in back then. Talk to a lawyer who handles this stuff, statute of limitations can run from diagnosis not exposure so you might still be in the window.

I'm not a Navy vet so my situation's different, but the asbestos exposure timeline question is something I've been digging into heavily since my November diagnosis. From what I've learned researching peritoneal cases, the statute of limitations typically runs from the date of diagnosis, not exposure. That's actually good news for you because it means you're not automatically barred just because you worked on the Oriskany back in '71 to '91.

The Navy itself is trickier than private employers. There's sovereign immunity stuff that complicates direct litigation, but there are other avenues. Some guys I've connected with through this forum have pursued claims against asbestos manufacturers and suppliers who provided materials to military vessels, and that's where the real legal options seem to open up. The trust funds you mentioned are one path, but they're separate from any potential lawsuit against the companies that actually made or sold the asbestos products used on that ship.

I'd honestly recommend talking to a lawyer who specifically handles asbestos cases and has experience with military exposure. They can tell you what's actually viable in your state and timeline. I spent a lot of time researching firms back in January and came across several that have whole divisions focused on military asbestos cases. They usually do free consultations and can walk through statute of limitations for your specific situation.

The VA claim is important to file regardless, but don't let anyone tell you that's your only option. Keep records of everything about your time on that ship if you haven't already. That documentation matters.

The statute of limitations angle is tricky with the Navy specifically since sovereign immunity is involved, but a lot of people in your situation have had success with the trust funds set up by manufacturers. I'd definitely talk to someone who specializes in this before assuming anything's closed off, because timing can work in your favor depending on your state.

My dad was exposed through Navy work too, though his was shipyard rather than active duty. When he got diagnosed last March we went through all of this pretty quickly because honestly once you have the diagnosis things move faster than you'd think.

The statute of limitations piece is the thing nobody explains clearly. In Illinois where we are it runs from diagnosis, not exposure, which actually works in your favor since you just got diagnosed in June. That window is still wide open. We talked to a couple of firms and they were very interested in his case specifically because of the timeline. The VA stuff and trust fund claims are separate from any litigation, so you're not choosing between them, you're doing all of it.

What we found is that the Navy itself is trickier than going after manufacturers or the shipyard, but there ARE options depending on your specific exposure circumstances. The documentation matters a ton. Do you have your service records showing you were a hull tech on the Oriskany during those years? That's your starting point. We had to get my dad's medical records from the VA going back to his initial screening and his pathology report, which took like six weeks.

One thing nobody tells you is how much faster things move once you have a mesothelioma diagnosis versus just asbestos exposure. The firms we talked to said they'd seen cases from that era move through pretty quickly because the exposure is so well documented for naval vessels. Don't wait too long on the legal side. I know it feels overwhelming but your timeline is actually better than a lot of people's.

Talk to someone who handles these cases. Not because you need legal advice right now, but because they can tell you what your specific options are based on your service record. That conversation won't cost you anything.