Can smoking prevent workers from seeking asbestos compensation?

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Can smoking prevent workers from seeking asbestos compensation?

  |   Jul 11, 2024  |  Asbestos Exposure & Claims

Some risk factors for cancer are rooted in someone’s personal choices. Most people now know that tobacco products can cause lung cancer. Cigarette packaging now warns of this risk. Other risk factors for cancer are outside of an individual’s control. Employers often expose workers to dangerous substances without considering the potential medical consequences.

Thousands of employees have been exposed to known carcinogens at work. Before current regulations, asbestos exposure was common. Companies in many industries used asbestos. Manufacturing employees, shipbuilders and construction professionals may have had asbestos exposure at work.

Asbestos causes mesothelioma and asbestosis. It can also cause lung cancer. Workers who handled asbestos have more risk of lung cancer than other employees. Does a history of tobacco use prevent workers from seeking compensation?

Compensation could still be available

Smoking and other forms of tobacco use are dangerous habits. The connection between tobacco use and cancer is well known. Some people develop lung cancer because they used tobacco products for years. Those who smoke have a much higher chance than the average person of developing lung cancer. Those who work with asbestos also have elevated risk.

Researchers have found that smoking combined with asbestos exposure is particularly dangerous. Employees who smoke may have more risk than the average worker exposed to asbestos. They also have more risk than the average smoker.

The combination of the two risk factors increases the chances of lung cancer. Employers may still be liable. Researchers have connected tobacco use to lung cancer. Still, asbestos is also a human carcinogen. However, a worker’s decision to smoke does not end an employer’s liability. Companies that expose workers to asbestos may be liable for that choice. They may provide compensation for future medical issues that affect that worker.

Workers with lung cancer can request compensation after their diagnosis. A worker’s use of tobacco may not be the only cause of their cancer. Asbestos exposure could also be to blame. An employer or former employer may have to provide compensation.

Workers with lung cancer can request compensation for medical expenses and lost income. Connecting lung cancer to asbestos exposure can help workers cover their costs. Those who smoke can still hold employers accountable for exposing them to asbestos.

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