1. Introduction
Asbestos has been known to be a carcinogen and for this reason, is a legal headache in most parts of the United States, and Colorado is no exception. The use of asbestos is strictly regulated despite that. Exposure to it still leads to major health problems like mesothelioma and asbestosis. If you or your family member has been exposed to asbestos in Colorado, understanding your legal rights and regulation related to asbestos abatement and lawsuits is very important.
In this guide, you will learn about some information on the legal framework that addresses Colorado’s asbestos, how to institute litigation if you are a victim of asbestos, and compensation mechanisms for the asbestos victims.
2 Overview of Asbestos Regulations in Colorado
Federal and state governments regulate asbestos in Colorado. The regulation of asbestos abatement and management in public and private property falls under Regulation No. 8 of the Air Quality Control Commission, which is implemented by the Colorado Department of Public Health and Environment. The regulation primarily aims at protecting the public health through limitation of exposure by asbestos fibers from demolitions, renovations, and abatements.
Other regulations have to do with asbestos in workplaces, again falling under the jurisdictions of the EPA and OSHA. Taken together, these laws provide a comprehensive framework to regulate asbestos exposure, ensuring that property owners and contractors approach their safety plans when deposing asbestos.
Important Legislation:
Inspect asbestos before buildings are renovated or demolished.
Asbestos abatement has to be carried out only by certified asbestos professionals.
Asbestos-containing materials must be disposed of appropriately.
After asbestos removal projects, air monitoring and clearance testing shall be carried out.
Asbestos Abatement Requirements:
As a matter of law in Colorado, all the asbestos-containing materials have to be handled and disposed in a manner that does not allow for the release into the environment of harmful asbestos fibers. Abatement is simply the safe removal or encapsulation of asbestos in order to eliminate the hazards it poses on health. The CDPHE also requires asbestos abatement contractors to be certified and licensed, meaning only some trained professionals can handle asbestos-related projects.
Colorado law mandates that, if you will renovate or demolish an old house before 1980, you must procure pre-renovation asbestos inspection prior to the commencement of work. If asbestos is found, you must hire an abatement contractor that is certified for removal or encapsulation.
Asbestos Abatement: Key Points
Asbestos Inspections: In older buildings, commissioned prior to renovation or demolition.
Abatement Contractors: Permitted only if they are state-certified to minimize asbestos in the environment.
Permit Requirements: Required in abatement projects for specific categories of buildings, for example, schools and public areas.
Failure to comply with these requirements shall lead to outrageous penalties and legal ramifications apart from the increased risks of asbestos exposure among workers and the general public.
4. Colorado Asbestos Lawsuits Cases Filings
If an individual has contracted asbestos-related diseases like mesothelioma, lung cancer, or asbestosis resulting from exposure in Colorado, the affected individual may claim damages by filing a lawsuit. The lawsuits regarding asbestos are usually filed as personal injury or wrongful death against manufacturers or owners of real property that subjects individuals to asbestos.
To file a claim you need to demonstrate that exposure to asbestos caused your disease and it should be traceable to some specific entity, for instance an employer or manufacturer of asbestos exposure products. There have been so many claims that have been made against the manufacturers of the asbestos product manufacturers, construction companies, and real estate developers.
Process of Filing a Lawsuit.
Obtain Medical Proof: Record your diagnosis of an asbestos-related disease with all medical histories.
Identify Source of Exposure: When and where the exposure occurred and who is at fault
File a Lawsuit: A personal injury attorney who specializes in asbestos litigation can often assist with gathering paperwork
5. Statute of Limitations for Asbestos Claims
In Colorado, asbestos lawsuits are governed by certain time limits that are referred to as statutes of limitations. The personal injury claim statute of limitations in general is two years after you know or should have known that your illness is related to asbestos exposure. The wrongful death statute of limitations for this same claim is also two years after the date of death.
However, these deadlines can be fairly flexible depending on the specifics of the case, so act quickly and seek out an experienced asbestos attorney who will ensure you do not fail to file in time.
6. Asbestos Exposure and Liability
Determining liability in an asbestos matter is sometimes a long way back because exposure may have been years before the diagnosis. Common sources of asbestos exposure in Colorado include:
Workplace Exposure: More particularly in construction, mining and manufacturing industries
Home Renovation: Houses built prior to asbestos standards may contain it in the form of ceilings, floors and roof products.
Public Buildings: School, governmental buildings and commercial places which were constructed before there were asbestos standards established.
Parties that could be liable for asbestos exposure include manufacturers, employers, contractors, or property owners who did not inform people of the dangers posed by asbestos or did not take appropriate safety precautions.
7. Statutory Damages and Compensation for Asbestos Diseases
The victims of asbestos exposure may be eligible for different types of compensation, for example,
Medical Costs: Treated pains such as chemotherapy, surgery, and drugs.
Loss wages: compensation for the lost days in work based on their illnesses.
Pain and suffering: non-monetary damages regarding physical and mental suffering due to the disease.
Wrongful Death Damages- If death is inevitable, the family of the victim may receive some amount of compensation to cover funeral expenses as well as loss of companionship.
Most asbestos cases are settled; however, some may be required to be tried since settlement can not be agreed on.
8. Conclusion
Asbestos exposure is still a major health concern in Colorado and knowing your rights when exposed would prove very crucial if you, or any member of the family, has suffered because of it. Helped by all the strict rules about asbestos in Colorado, in consultation with an attorney experienced in such cases, filing a lawsuit and compensation can be made relatively less of a headache.
If you suspect that you have been exposed to asbestos, or are suffering an asbestos-related disease, you should seek medical and legal assistance at the earliest opportunity. Your health and your legal rights depend on doing so promptly and properly.
