Defective products and toxic exposure

Complete Asbestos Exposure Guide

By Million Dollar Lawyer Editorial Team · Updated

An older man wearing an oxygen cannula sits in a recliner as a white-haired woman holds his shoulder, a worn metal lunch box nearby

If you or someone you love has been diagnosed with mesothelioma or another asbestos disease, or you’ve lost someone to one, you may be facing treatment, grief and questions about the past all at once. It’s normal not to know where to begin.

Here’s the plain answer. Asbestos diseases usually trace back to exposure decades earlier, most often at work and sometimes from a worker’s dusty clothes at home. People who are diagnosed, and families after a death, may be able to claim against the companies that made, sold or controlled the asbestos: lawsuits against companies still in business, and claims to trusts set up in bankruptcy. In Michigan, an employer is usually reached only through workers’ comp, and lawsuits generally must be filed within three years. When that clock starts for an asbestos disease is unsettled, so it’s worth getting advice promptly.

The hard part usually isn’t showing that asbestos is dangerous. It’s the claims process: the exposure was long ago, the proof is scattered across old job sites and product names, many companies’ asbestos liabilities now sit with trusts that have their own rules, and deadlines run during treatment. Michigan’s rules, current as of September 2026, are in the boxes marked “In Michigan.”

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What is asbestos, and how does exposure happen?

According to the National Cancer Institute (NCI), asbestos is the name for six minerals that occur naturally as bundles of fibers that resist heat, fire and chemicals: chrysotile, the form used most in commercial products, and five amphiboles (actinolite, tremolite, anthophyllite, crocidolite and amosite). The Occupational Safety and Health Administration (OSHA) lists the same six. Asbestos went into pipe, boiler and furnace insulation, roofing and siding shingles, cement products, floor and ceiling tiles, textured paints and patching compounds, heat-resistant fabrics, gaskets, and vehicle brakes and clutches (U.S. Environmental Protection Agency, or EPA; NCI).

It’s harmful when disturbed. Damaging, cutting, sanding or removing it can release fibers that, once breathed in, may stay trapped in the lungs for a long time (EPA; NCI). OSHA says there is no “safe” level of exposure. Still, most people don’t become ill from the low levels in ordinary air, water and soil. Those who do were usually exposed regularly, “most often in a job where they work directly with the material or through substantial environmental contact” (NCI).

At work

NCI lists the shipbuilding trades, asbestos mining and milling, the manufacture of asbestos textiles and other asbestos products, and insulation work in construction, and says demolition workers, drywall removers, asbestos removal workers, firefighters and automobile workers may also be exposed. OSHA says heavy exposures tend to happen in construction and ship repair, especially when asbestos is removed during renovation, repair or demolition, and that workers making asbestos products or repairing brakes and clutches are also likely to be exposed.

At home: take-home exposure

Family members can be exposed without visiting the job site. NCI says there is some evidence that families of workers heavily exposed to asbestos face an increased risk of mesothelioma, thought to come from fibers “brought into the home on the shoes, clothing, skin, and hair of workers.” Researchers at the Centers for Disease Control and Prevention (CDC) call this take-home exposure and cite a study in which the relative risk of mesothelioma rose tenfold for women whose husband or father worked in an asbestos-related industry (CDC, 2022).

Old buildings, renovation and living nearby

Asbestos installed decades ago can still be in older buildings, and fibers can be released when the material is disturbed by maintenance, repair, remodeling or demolition (EPA).

On construction jobs, OSHA presumes that thermal system insulation (such as on pipes and boilers) and sprayed-on or troweled-on surfacing material in buildings built no later than 1980 contain asbestos unless shown otherwise, and it requires building owners to find out where asbestos is before work starts (29 C.F.R. § 1926.1101(b), (k)(1), (k)(2)). People living near asbestos mines, or near industries that make or use asbestos products, can be exposed too (NCI; Agency for Toxic Substances and Disease Registry, or ATSDR).

A stack of old, weathered corrugated roofing sheets dumped on the ground among pine trees

Which diseases does asbestos cause, and why do they appear decades later?

Asbestos is a known human carcinogen (NCI), and it can also cause diseases that aren’t cancer:

  • Mesothelioma, “a relatively rare cancer of the thin membranes that line the chest and abdomen” (NCI). Exposure to asbestos “causes most cases of mesothelioma” (CDC).
  • Lung cancer. A smoker exposed to asbestos has a lung cancer risk “greater than the individual risks from asbestos and smoking added together.” Smoking doesn’t appear to raise the risk of mesothelioma (NCI).
  • Other cancers. Citing the International Agency for Research on Cancer, NCI says there is sufficient evidence that asbestos causes cancers of the larynx and ovary, and limited evidence linking it to cancers of the stomach, pharynx and colorectum.
  • Asbestosis, scarring in the lungs that “can eventually lead to disability and death” (ATSDR).
  • Pleural disease: plaques and thickening of the membranes around the lungs, and benign fluid buildup around the lungs (NCI). Plaques alone usually don’t seriously affect breathing, but thickening can restrict it (ATSDR).

These diseases take a long time to appear. “It can take from 10 to 40 years or more for symptoms of an asbestos-related condition to appear,” NCI says. Signs of mesothelioma “may not appear until 30 to 40 years after exposure to asbestos” (ATSDR), and the time from first exposure to mesothelioma “typically ranges from 20 to 40 years but can be as long as 71 years” (CDC, 2017).

Mesothelioma is rare: CDC reports 2,669 new U.S. cases in 2022 and says the rate of new cases is going down because fewer people are exposed. CDC researchers counted 45,221 mesothelioma deaths from 1999 through 2015; the yearly number rose from 2,479 in 1999 to 2,597 in 2015 (CDC, 2017), and among women from 489 in 1999 to 614 in 2020 (CDC, 2022). In both reports, the death rate adjusted for age fell.

Who can be held responsible for asbestos exposure?

Three groups can be responsible, in different ways.

The companies that made or sold asbestos products

Product liability is the responsibility of any business in a product’s chain of manufacture and sale, from the maker of a component to the store, for harm the product causes. Depending on the state, a claim can rest on negligence, strict liability or breach of warranty (Cornell Law School’s Legal Information Institute). One theory is failure to warn: the maker knew or should have known of the danger and didn’t warn the people using its product. In 1973, a federal appeals court upheld an insulation worker’s verdict against makers of asbestos insulation, saying the duty to warn “extends to all users and consumers, including the common worker in the shop or in the field” (Borel v. Fibreboard Paper Products Corp.). See how product liability claims work.

The owners of the places where exposure happened

A company that owned or controlled the plant, refinery or building where the exposure happened may also be responsible in some situations, depending on state law and your relationship with the owner. In Michigan, courts deciding whether an owner owed a legal duty weigh the relationship of the parties, whether the harm was foreseeable, the burden on the owner and the nature of the risk, and the relationship matters most (Miller v Ford, 2007).

Your employer, usually only through workers’ comp

In Michigan, workers’ comp is usually the only claim against your own employer. See when you can sue after a workplace injury.

How does workers’ comp work for an asbestos disease?

People with work-related asbestos diseases may qualify for benefits, including medical payments, under state workers’ compensation laws, and federal programs may cover federal civilian employees and longshore, harbor and other maritime workers (NCI). See how workers’ compensation works.

What are asbestos bankruptcy trusts?

About 100 companies have declared bankruptcy at least partly because of asbestos claims, the U.S. Government Accountability Office (GAO) reported in September 2011 (GAO-11-819). A 1994 federal law lets a company reorganizing under Chapter 11 move its asbestos liabilities, and some assets, into a trust that pays present and future claims, and the court can then bar lawsuits against the company over those claims. At least 75% of the asbestos claimants who vote must approve, and there must be reasonable assurance that the trust will value and pay “present claims and future demands that involve similar claims in substantially the same manner” (11 U.S.C. § 524(g)).

GAO found that:

  • Since 1988, 60 trusts had been set up, with about $37 billion in total assets, and from 1988 through 2010 they paid about 3.3 million claims valued at about $17.5 billion.
  • Each trust has its own procedures, with medical and exposure criteria and a set value for each disease. Most claims go through expedited review, which uses that value; 2 to 3 percent go through individual review, which can pay more or less.
  • Because most trusts can’t pay full value and keep enough for future claimants, they pay a percentage of it: from 1.1 percent to 100 percent for certain diseases in the procedures GAO reviewed, with a median of 25 percent according to a 2010 RAND study. Trustees may adjust the percentages up or down.
  • Claimants “can also seek compensation from potentially liable solvent companies,” meaning companies that haven’t declared bankruptcy, in court, where trust payments may be taken into account. Someone who worked at many sites may file with several trusts, and claims can be filed for a person who has died.

GAO’s figures are from 2011, and trust procedures vary and change, so check each trust’s current rules.

In 1997, the U.S. Supreme Court held that a class action meant to settle current and future asbestos claims against 20 companies didn’t meet the federal class-action rules (Amchem Products, Inc. v. Windsor). See how class actions and mass torts differ.

What if the exposure happened in the military?

The U.S. Department of Veterans Affairs (VA) lists shipyard work, insulation work, demolition of old buildings, carpentry and construction among the jobs where veterans may have been exposed. You may be eligible for VA disability compensation, which “provides tax-free monthly payments,” if you have a health condition caused by exposure to asbestos and had contact with asbestos while serving. The VA asks for medical records, service records that list your job or specialty, and a doctor’s statement connecting the two, and it decides these claims case by case (VA).

The federal government isn’t liable under the Federal Tort Claims Act for injuries to service members that “arise out of or are in the course of activity incident to service” (Feres v. United States, 1950). A VA claim is separate from trust claims and lawsuits against the companies that made or sold asbestos products; ask a lawyer how they fit together.

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How long do you have to file an asbestos lawsuit?

Every state sets its own deadline, called a statute of limitations, and its own rule for when the clock starts for a disease found decades after exposure. Trust and workers’ comp claims have their own rules. See injury deadlines in every state.

What if your loved one has died?

When an asbestos disease caused by someone else’s wrongdoing takes a life, the family may have a wrongful death claim. Each state decides who brings it, who shares in the money and how long there is to file. See how wrongful death claims work.

What is an asbestos claim worth?

We haven’t found a reliable, current average. Value depends on the diagnosis and what it has cost you or your family, the proof that the exposure came from each company’s products or sites, whether those companies are in business or paying through trusts, and the state’s damage rules. For lung cancer, a smoking history can complicate the proof: in Larson, the Michigan Supreme Court noted that the added risk from asbestos is hard to measure when the person smoked, because “cigarettes alone are a well-documented cause of lung cancer.” Before you settle, find out who gets paid from your settlement and how injury lawyers get paid.

What should you gather?

Decades later, work records may no longer exist, so memories matter. Trusts may accept work histories, Social Security records, invoices, employer records and deposition testimony from the claimant or coworkers as evidence of exposure (GAO). Gather:

  • Work history: every employer, job title, job site and set of years, and any union membership.
  • Product names: brands of insulation, gaskets, brakes, floor tile, patching compound or other products you remember, and coworkers who used them.
  • Service records that list your military job or specialty (VA).
  • Medical records: the diagnosis, pathology reports, imaging, treatment records and bills.
  • What the family knows: who washed the work clothes, where the family lived, any home renovations, and what the person said about their work.
  • After a death: the death certificate and the probate court’s letters of authority.

Red plastic tape printed with the words DANGER ASBESTOS HAZARD stretched across a white plastic sheet

What to do next

  1. Put treatment first, and tell your doctors about any exposure at work, at home or in the military (NCI).
  2. Write down the exposure history now: jobs, sites, years, products, coworkers and who did the laundry.
  3. Check every deadline. A lawsuit and a comp claim each have their own, and each trust has its own filing rules. In Michigan, make a comp claim within 2 years after you knew, reasonably believed or could have discovered that the disease was work related (MCL 418.441(2)). After a death, start opening the estate.
  4. If you were exposed during military service, you can file a VA disability claim (VA).
  5. Get a free case review before the first deadline. Get a free case review, or, if you were exposed in Michigan, compare Michigan injury lawyers. Before you hire anyone, get the fee agreement in writing.

What waiting can cost

  • The right to sue. In Michigan, generally 3 years, with an unsettled start date for asbestos diseases (MCL 600.5805; Larson; Trentadue).
  • Workers’ comp. A late occupational disease claim isn’t valid, and back benefits generally can’t be paid for more than 2 years before you apply for a hearing (MCL 418.441(2), 418.381(2)).
  • Evidence. Old work records may no longer exist (GAO), and coworkers who remember the products get harder to find.
  • A family’s extra time. In Michigan, the estate’s extra time ends no later than 3 years after the original deadline (MCL 600.5852(4)).

What a good outcome looks like

Treatment and family come first, and the legal work runs alongside. The exposure history is written down, the products and sites are identified, and every claim that fits, from lawsuits and trust claims to workers’ comp and VA benefits, is filed on time. The companies responsible pay for medical costs, lost income and what you and your family have been through, within your state’s limits. From wondering whether anything can be done about exposure decades ago to knowing who may be responsible, which deadlines apply and what your claim needs.

For more on defective products and toxic exposure, browse the defective product and toxic exposure guides, or see toxic exposure lawsuits and whether you can sue for chemical exposure.

Frequently asked questions

How long do you have to file an asbestos lawsuit in Michigan?

Generally 3 years (MCL 600.5805(2), (12)), but when the clock starts for an asbestos disease is unsettled. In 1986 the Michigan Supreme Court held that an asbestosis claim accrues when the person knows or should have known of the disease, and that someone who never sued over asbestosis can sue over a later cancer within 3 years of when they discovered or should have discovered it (Larson v Johns-Manville Sales Corp). In 2007 the Court held that courts can't use a broad common-law discovery rule to delay when a claim accrues (Trentadue v Buckler Automatic Lawn Sprinkler Co). In 2011 the Court of Appeals noted that the parties disputed whether Trentadue abolished Larson's rule, and didn't decide it (Falk v All Acquisition Corp, unpublished and so not binding). Get advice as soon as you can after a diagnosis.

Can you sue your employer for asbestos exposure?

Usually not. In Michigan, workers' comp is 'the employee's exclusive remedy against the employer for a personal injury or occupational disease.' The only exception is an intentional tort, which exists 'only when an employee is injured as a result of a deliberate act of the employer and the employer specifically intended an injury. An employer shall be deemed to have intended to injure if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge' (MCL 418.131(1)). Taking comp doesn't stop you from suing someone other than your employer or a coworker, such as the maker of an asbestos product (MCL 418.827(1)); the employer or its insurer is repaid its benefits from that recovery, after the costs of getting it (MCL 418.827(5)).

Can you file asbestos trust claims and also sue?

Yes, if both kinds of companies are involved. Trusts pay claims against companies that reorganized in bankruptcy, and asbestos claimants 'can also seek compensation from potentially liable solvent companies,' meaning companies that haven't declared bankruptcy, through the courts, where the company found liable is generally given credit for what trusts have already paid. Someone exposed at many work sites may file with several trusts. Each trust has its own procedures and pays a percentage of a claim's set value: in the procedures GAO reviewed, from 1.1% to 100% for certain diseases, with a median of 25% according to a 2010 RAND study, and trustees may adjust the percentages up or down (GAO-11-819, 2011).

Can a family member sue over take-home asbestos exposure?

It depends on the state and on who the claim is against. The National Cancer Institute says there is some evidence that family members of heavily exposed workers face an increased risk of mesothelioma, thought to come from fibers 'brought into the home on the shoes, clothing, skin, and hair of workers.' In Michigan, the Supreme Court held in 2007 that a property owner owed no duty to a woman who was never on or near its property and was exposed through the work clothes of a household member who worked there for independent contractors, where there was no other relationship between them (In re Certified Question (Miller v Ford Motor Co)). That case was about a property owner, not the makers of the asbestos products.

Can veterans get compensation for asbestos exposure?

Possibly. The VA says you may be eligible for disability compensation, which 'provides tax-free monthly payments,' if you have a health condition caused by exposure to asbestos and you had contact with asbestos while serving. It asks for medical records, service records that list your job or specialty, and a doctor's statement connecting the two, and it decides these claims case by case (U.S. Department of Veterans Affairs). A VA claim is separate from claims against the companies that made or sold asbestos products.

What is the average mesothelioma settlement?

We haven't found a reliable, current average, and the government data we could verify doesn't give one for mesothelioma. The Government Accountability Office's 2011 report covers only asbestos trusts, for all asbestos diseases combined, through 2010. It found that each trust sets its own value for each disease and pays a percentage of that value, from 1.1% to 100% for certain diseases in the procedures GAO reviewed, and that claimants can also seek compensation from companies that haven't declared bankruptcy (GAO-11-819). What a claim is worth depends on the diagnosis, medical costs, lost income, the proof of exposure to each company's products and the state's damage rules, such as Michigan's cap on noneconomic damages in product liability cases (MCL 600.2946a).

Sources

  1. Asbestos Exposure and Cancer Risk (reviewed May 20, 2021) · National Cancer Institute
  2. Learn About Asbestos (last updated July 13, 2026) · U.S. Environmental Protection Agency
  3. Protect Your Family from Exposures to Asbestos (last updated June 25, 2026) · U.S. Environmental Protection Agency
  4. Health Effects of Asbestos (last reviewed August 26, 2026) · Agency for Toxic Substances and Disease Registry
  5. ToxFAQs for Asbestos · Agency for Toxic Substances and Disease Registry
  6. Asbestos: Overview · Occupational Safety and Health Administration
  7. 29 C.F.R. § 1926.1101, Asbestos (construction standard) · Electronic Code of Federal Regulations, Office of the Federal Register
  8. Malignant Mesothelioma Mortality — United States, 1999–2015 (MMWR, March 3, 2017) · Centers for Disease Control and Prevention
  9. Malignant Mesothelioma Mortality in Women — United States, 1999–2020 (MMWR, May 13, 2022) · Centers for Disease Control and Prevention
  10. Incidence of Malignant Mesothelioma (September 10, 2025) · Centers for Disease Control and Prevention, U.S. Cancer Statistics
  11. Veterans asbestos exposure (last updated July 18, 2023) · U.S. Department of Veterans Affairs
  12. Asbestos (Public Health, last updated April 16, 2026) · U.S. Department of Veterans Affairs
  13. GAO-11-819, Asbestos Injury Compensation: The Role and Administration of Asbestos Trusts (September 2011) · U.S. Government Accountability Office
  14. 11 U.S.C. § 524(g), Injunctions for asbestos trusts in Chapter 11 reorganizations · Office of the Law Revision Counsel, U.S. House of Representatives
  15. Feres v. United States, 340 U.S. 135 (1950) · Caselaw Access Project, Harvard Law School
  16. Amchem Products, Inc. v. Windsor, 521 U.S. 591 (1997) · Caselaw Access Project, Harvard Law School
  17. Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076 (5th Cir. 1973) · Caselaw Access Project, Harvard Law School
  18. Larson v Johns-Manville Sales Corp, 427 Mich 301 (1986) · Caselaw Access Project, Harvard Law School
  19. Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378 (2007) · Caselaw Access Project, Harvard Law School
  20. In re Certified Question (Miller v Ford Motor Co), 479 Mich 498 (2007) · Caselaw Access Project, Harvard Law School
  21. Falk v All Acquisition Corp, Docket No. 296012 (unpublished, February 17, 2011) · Michigan Court of Appeals
  22. MCL 418.131, Exclusive remedy; intentional tort · Michigan Legislature
  23. MCL 418.315, Medical care for a work injury · Michigan Legislature
  24. MCL 418.321, Death benefits for dependents · Michigan Legislature
  25. MCL 418.373, Employees receiving retirement benefits · Michigan Legislature
  26. MCL 418.381, Notice and claim deadlines; back benefits · Michigan Legislature
  27. MCL 418.401, Occupational disease: definitions, disability and wage-loss benefits · Michigan Legislature
  28. MCL 418.435, Employer liable for an occupational disease · Michigan Legislature
  29. MCL 418.441, Occupational disease claims; time limit · Michigan Legislature
  30. MCL 418.827, Third-party liability · Michigan Legislature
  31. MCL 600.2922, Wrongful death actions · Michigan Legislature
  32. MCL 600.2945, Product liability definitions · Michigan Legislature
  33. MCL 600.2946a, Product liability; limitation on noneconomic damages · Michigan Legislature
  34. MCL 600.2947, Product liability; liability of manufacturer or seller · Michigan Legislature
  35. MCL 600.2948, Product liability; warnings · Michigan Legislature
  36. MCL 600.2949a, Knowledge of defective product · Michigan Legislature
  37. MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
  38. MCL 600.5827, Accrual of claim · Michigan Legislature
  39. MCL 600.5852, Death before the period of limitations has run · Michigan Legislature
  40. MCL 600.5855, Fraudulent concealment of a claim · Michigan Legislature
  41. MCL 600.5839, Actions against architects, engineers and contractors over improvements to real property · Michigan Legislature
  42. Caron v Cranbrook Educational Community, 298 Mich App 629 (2012) · Caselaw Access Project, Harvard Law School
  43. Limitation on noneconomic damages and product liability determination on economic damages (notice, January 30, 2026) · Michigan Department of Treasury
  44. Michigan Court Rules (updated July 31, 2026): MCR 7.215(C)(1) and 8.121 · Michigan Supreme Court
  45. Frequently asked questions: eligibility for workers' compensation · Michigan Workers' Disability Compensation Agency
  46. Frequently asked questions: filing a claim · Michigan Workers' Disability Compensation Agency
  47. Products liability (Wex legal dictionary) · Legal Information Institute, Cornell Law School

Updated September 28, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

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