Worked in a Florida Shipyard? Asbestos Exposure Can Lead to Serious Illness, and You May Have Options

A shipyard asbestos mesothelioma claim asks one main question. Did asbestos exposure at work or at sea cause a serious illness?

In Florida, the answer depends on where and how that exposure happened. Families facing the loss of a loved one often have many questions about their options, and a free, confidential consultation with our team is a good place to start. They may file a claim against an asbestos bankruptcy trust. They may also do both.

An asbestos bankruptcy trust is a fund. A company set it up after it went bankrupt. The fund pays people harmed by asbestos.

Who This Page Is For and What a Shipyard Asbestos Claim Involves

A shipyard asbestos claim looks at two things:

• Did the worker’s job expose them to asbestos?
• Did that exposure lead to an illness?

A diagnosis like mesothelioma is overwhelming. Many readers are searching for a parent, spouse, or friend who is facing it now.

This page covers shipyard workers, ship crew, dock workers, and other maritime trade workers in Florida. It also covers family members who were exposed secondhand. That exposure came through a loved one’s work clothes.

Mesothelioma is a rare cancer. It affects the thin membranes around the lungs, chest, or abdominal cavity. The ATSDR asbestos health effects page describes it this way.

A claim can involve a lawsuit, a claim against an asbestos bankruptcy trust, or both. The right path depends on the facts of each case.

This page is general education. It is not medical advice. Please follow the care plan of your treating doctors.

How Shipyard and Maritime Workers Were Exposed to Asbestos

Shipyard workers were most often exposed when asbestos-containing materials were cut, ground, removed, or swept up. These materials were common in engine rooms, boiler rooms, pipe runs, and ship hulls.

Many jobs disturbed asbestos. These jobs included insulators, pipefitters, boilermakers, electricians, welders, and cleaning and maintenance crews. Gaskets, packing, insulation, and fireproofing could all release fibers during routine work.

Take-home exposure happens when fibers ride home on work clothes, boots, or hair. Spouses and children can breathe those fibers too. Exposure can happen on ships, at dockside, and in repair yards.

OSHA’s asbestos hazards page states that occupational asbestos exposure increases the risk of lung cancer and mesothelioma. Where and how someone worked is central to any claim.

Why Mesothelioma Can Appear Decades Later

Mesothelioma usually appears decades after the exposure. The ATSDR asbestos health effects page notes a latency period. A latency period is the gap between exposure and illness. That gap is often 30 to 40 years.

This gap is why a diagnosis can come long after someone leaves shipyard work.

Timing varies from case to case. A peer-reviewed article on short latency in mesothelioma recognizes that shorter gaps do occur.

Doctors commonly discuss symptoms such as:

• A cough that won’t go away
• Chest pain
• Shortness of breath
• Fluid buildup

Raise any symptom with a doctor promptly. Only a doctor can make a diagnosis.

Florida law ties the filing clock to the person’s discovery of harm. Under Fla. Stat. § 774.206, for asbestos claims not barred as of the effective date of the act, the limitations period (the legal filing deadline) does not begin until the exposed person discovers, or through reasonable diligence should have discovered, that he or she is physically impaired by an asbestos-related condition. The clock starts when the person discovers, or should have discovered, that he or she is physically impaired by an asbestos-related condition.

Still, deadlines can be strict. Families should act promptly.

Proving Asbestos Exposure, Including Military Service

Exposure history is the core of a claim. The case turns on where and how the person was exposed. Gather records early.

Useful records include:

• Employment and union records
• Job titles, dates, and worksites
• Pay records
• Ship assignments and logs, which can show where a worker was on certain days
• Old pay stubs, photos, and letters

For veterans, service records, duty assignments, and ship histories show where the veteran served and worked.

Federal law says a veteran may receive service connection for a disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.

Under 38 C.F.R. § 3.303(d), service connection may be granted. Service connection is a link between military service and a disease. This can apply to a disease diagnosed after discharge. The evidence must show the disease was incurred in service.

Co-workers who worked the same areas and jobs can give witness statements. Third-party reviewers may help explain how exposure happened. Industrial hygiene reviewers study workplace air and exposure. Medical reviewers can explain how the exposure relates to the illness.

Families should share what they already have. They do not need to sort it out alone.

Claim Paths: Lawsuits, Manufacturers, and Asbestos Bankruptcy Trusts

A lawsuit may name companies that made, sold, used, or controlled work with asbestos products. Which companies get named depends on the facts.

Lawsuits allege that companies failed to warn or protect workers. These are allegations. A court decides what is proven.

Many asbestos manufacturers went through bankruptcy. Asbestos bankruptcy trusts may pay claims separately from a lawsuit. Trust claims and lawsuits can sometimes be pursued together. However, their rules, documents, and timing differ.

Florida has rules specific to asbestos cases:

• Under Fla. Stat. § 774.205, an asbestos claim may be brought in Florida courts. This applies if the plaintiff (the person bringing the claim) lives in Florida permanently. It also applies if exposure to asbestos that is a substantial contributing factor to the plaintiff’s physical impairment occurred in Florida. Lawyers call a permanent home “domicile.”
• Under Fla. Stat. § 774.207, punitive damages (extra money meant to punish the wrongdoer) may not be awarded in an asbestos civil action.

Work on vessels can raise different questions.

Under 33 U.S.C. § 933, a worker covered by the Longshore Act does not have to choose. The worker does not have to pick between compensation and suing someone other than the employer or a person in the employer’s employ who is liable in damages.

No outcome or dollar amount can be promised. Diagnosis, exposure history, available defendants and trusts, and evidence all shape each claim.

What to Expect: Steps and Timeline

Step 1: Free, confidential consultation. The family shares the diagnosis and work history. The consultation carries no obligation to continue.

Step 2: Records and exposure review. The firm gathers employment, military, and co-worker evidence. This step can take weeks to months. It depends on how fast records arrive.

Step 3: Review of claim paths. The firm reviews lawsuits and trust claims side by side. If the matter may be handled together with, or referred to, another law firm, the firm will say so up front.

Step 4: Filing, negotiation, or trial preparation. The family stays informed at each stage. The pace follows the facts of the case.

Florida deadlines apply and can be strict. Families should contact a lawyer promptly. Do not wait.

CHG Personal Injury Lawyers charges no attorney’s fees and no case costs unless there is a recovery.

Why CHG Personal Injury Lawyers and Your Next Step

CHG Personal Injury Lawyers is a Florida personal injury firm. It serves people throughout Florida, including Miami, Orlando, Tampa, and Jacksonville. The firm handles personal injury cases of every severity. That includes mesothelioma and other asbestos-related claims.

Igor Hernandez is the responsible lawyer for this page. Our attorneys are licensed in Florida. Our team, including support staff, handles intake and records requests. This lets families focus on their loved one.

The firm’s approach is plain language, clear answers, and a steady pace through a hard process. Many readers are a spouse, child, or retiree who worked at a shipyard or at sea.

If that describes your family, a free, confidential consultation is a good place to start. Contact CHG Personal Injury Lawyers to talk through the facts.

Frequently Asked Questions