Asbestos Renovation Exposure and Mesothelioma: Understanding Your Options in Florida

Asbestos exposure during a home renovation or demolition can harm your health. Some people exposed this way may have a claim.

Mesothelioma is a cancer linked to asbestos. It can appear long after the work is done. A gap of many years does not end the question.

This Florida guide explains three things. It explains how exposure happens. It explains who may have options. It also explains which steps protect those options.

What Asbestos Exposure During Renovation Means

Asbestos exposure means breathing in or swallowing tiny asbestos fibers. These fibers come from building materials.

The Agency for Toxic Substances and Disease Registry reports that asbestos exposure can cause serious disease. Exposure to amphibole asbestos is linked to an increased risk of mesothelioma.

Fibers are usually too small to see. Many people feel nothing at the time. That is why many people do not connect their health to an old project until years later.

OSHA’s asbestos hazards guidance notes that these diseases have a delayed onset. They appear long after exposure.

This page is written for:

• Homeowners who did demolition or repair work themselves
• Renters and family members who lived in or near the work
• Construction and demolition workers on the job site

Asbestos Materials in Older Florida Homes

Many older Florida homes, condominiums, and commercial buildings contain materials that may include asbestos. Common examples include:

• Popcorn or textured ceilings
• Floor tile and the black mastic under it
• Joint compound and wall texture
• Pipe and duct insulation
• Some roofing, siding, and cement products

You cannot confirm asbestos by looking at a material. Only a laboratory test of a sample can show what a material contains.

Testing the whole work area gives a clearer picture. Do not test only the surface you plan to change.

Before anyone disturbs a suspect material, follow guidance from local building or environmental officials.

How Renovation and Demolition Release Asbestos Fibers

Sanding, scraping, cutting, drilling, and tearing out old materials can crumble them. This releases fibers into the air and dust.

Fibers do not stay at the work site. They can ride home on clothing, shoes, tools, and hair. Family members who never entered the work area can breathe them there.

Federal rules set steps for demolition and renovation. Under 40 C.F.R. § 61.145, the owner or operator must thoroughly inspect the affected area for asbestos before work begins.

The same rule requires notice at least 10 working days before asbestos stripping or removal work or any other activity begins, such as site preparation that would break up, dislodge, or similarly disturb asbestos material, if the operation is described in paragraphs (a)(1) and (4) (except (a)(4)(iii) and (a)(4)(iv)) of 40 C.F.R. § 61.145. This applies to the operations it describes.

The rule also allows a component to be removed, transported, stored, disposed of, or reused without disturbing or damaging the regulated asbestos-containing material. Listed exceptions apply. The rule bars stripping or removing that material unless a trained on-site representative is present. 40 C.F.R. § 61.145 reads: “(8) Effective 1 year after promulgation of this regulation, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this regulation and the means of complying with them, is present.”

Whether these steps were followed is a question for the facts of each job.

Federal standards for construction work also cover asbestos exposure. See 29 C.F.R. § 1926.1101.

Who May Have a Claim After Renovation Asbestos Exposure

Homeowners, household members, and workers may each have a claim. It depends on how they were exposed. Possible claimants include:

• Homeowners and family members exposed while living in or near the property during the work
• Workers and contractors exposed on the job site
• Claims of this kind are typically directed at those who controlled the property, carried out the work, or arranged for it to be done, rather than at the people who were exposed.

A claim turns on where and how the person was exposed. It also turns on how long the exposure lasted. It depends on what work was done and what medical records show.

Contractor licensing can matter too. Under Fla. Stat. § 768.0425(2), a consumer may be entitled to three times the actual compensatory damages. This applies in an action against a contractor for injuries sustained resulting from the contractor’s negligence, malfeasance, or misfeasance, if the contractor is neither certified by the state nor licensed locally.

Ask whether the contractor’s license was active when the work began.

Lawsuits, Workers’ Compensation, and Asbestos Bankruptcy Trusts

A lawsuit, workers’ compensation, and asbestos bankruptcy trusts are the main paths after asbestos exposure. Each one works differently:

• Lawsuit: A civil claim against those responsible. Florida law says punitive damages may not be awarded in asbestos claims, under Fla. Stat. § 774.207(1).
• Workers’ compensation: Under Fla. Stat. § 440.151, an occupational disease is treated as an injury by accident. Fla. Stat. § 440.151 reads: “(1)(a) Where the employer and employee are subject to the provisions of the Workers’ Compensation Law, the disablement or death of an employee resulting from an occupational disease as hereinafter defined shall be treated as the happening of an injury by accident, notwithstanding any other provisions of this chapter, and the employee or, in case of death, the employee’s dependents shall be entitled to compensation as provided by this chapter, except as hereinafter otherwise provided; and the practice and procedure prescribed by this chapter shall apply to all proceedings under this section, except as hereinafter otherwise provided.” Under Fla. Stat. § 440.151, an employer is liable for compensation for an occupational disease only if the disease resulted from the nature of the employment in which the employee was engaged under that employer, was actually contracted while so engaged, and the nature of the employment was the major contributing cause of the disease. Medical evidence must show this.
• Exclusive remedy: Under Fla. Stat. § 440.11, an employer’s workers’ compensation liability is generally exclusive. Listed exceptions apply.
• Bankruptcy trusts: Some companies went bankrupt over asbestos claims. They set up trusts. These trusts may pay claims separately from a lawsuit. They have their own requirements.

Some asbestos matters may be referred to, or handled together with, another law firm. When that applies, we say so.

Why Timing Matters: Florida Deadlines and Diagnosis

Florida sets filing deadlines for these claims. They can be strict. Florida’s limitations rules appear in Fla. Stat. § 95.11.

For asbestos claims, the clock does not start right away. It starts when the person discovers, or should have discovered, that he or she is physically impaired by an asbestos-related condition. See Fla. Stat. § 774.206(1).

A claim for a nonmalignant asbestos condition is separate from a claim for asbestos-related cancer. See § 774.206(2).

The start date can depend on when illness was found, or should have been found. So the exact date is a question of facts. Keep these items together:

• Medical records, diagnoses, and test results
• Renovation contracts, permits, and invoices
• Photos and dates of the work
• Addresses where you lived or worked during the work
• Employer records, if you worked on the job

Contact us promptly. Follow your doctors’ care and treatment recommendations.

What to Expect When You Contact Our Team

You start with a free, confidential initial consultation. There is no obligation to continue. Here is what usually happens:

1. Describe your situation. Tell us about the renovation or demolition. Tell us where it happened and who did the work. Share your medical history.
2. Review records. With your permission, we review contracts, permits, inspection reports, employment records, and diagnoses.
3. Learn your options. We explain which claims may exist and which parties may be involved. We also explain whether another firm should take part.
4. Move forward if you choose. If the firm takes the case, we handle the claim and keep you informed. The firm charges no attorney’s fees and no case costs unless there is a recovery.

Why Work with CHG Personal Injury Lawyers in Florida

CHG Personal Injury Lawyers is a Florida-based firm. We serve people across Florida, including Miami, Orlando, Tampa, and Jacksonville. Our practice focuses on personal injury cases of every severity.

• Our lawyers are licensed attorneys admitted to practice in Florida. Igor Hernandez is the responsible lawyer for this page.
• Our practice handles mesothelioma and other asbestos-related harm. It also handles catastrophic injuries, such as spinal cord injuries and traumatic brain injuries.
• Our team also handles car accidents, truck crashes, and slip-and-fall cases.
• We publish bilingual English and Spanish educational content. Families can read the same facts in the language they prefer.

Frequently Asked Questions