Asbestos Disease Lawyer in Raleigh, NC

By the time you receive an asbestos-related diagnosis, you may already be facing mounting medical bills, income losses, and an uncertain future for yourself and those who depend on you. You shouldn’t have to face all of that on your own while you’re also trying to manage a serious illness.

If you or a loved one developed an illness after on-the-job exposure to asbestos, you need an asbestos disease lawyer who understands North Carolina law and how to fight for the recovery you deserve. At Younce, Vtipil, Baznik & Banks, our attorneys bring over 100 years of combined experience in workers’ compensation across North Carolina. Let us put our knowledge and reputation to work on your case.

Contact us today for a free case evaluation to discuss your legal options.

Why You Need an Asbestos Disease Lawyer in Raleigh, NC

Asbestos disease cases involve unique legal and medical complications that set them apart from typical workplace injury claims.

Diseases like mesothelioma, asbestosis, and lung cancer often take decades after the exposure to develop, making it challenging to prove when, where, and how you encountered the asbestos. In the time it takes for your symptoms to appear, the company responsible may have changed names, transferred ownership, or even gone out of business entirely. Key records may have been destroyed, and coworkers who could confirm your working conditions may be difficult to locate.

Insurance companies and employers also frequently dispute these claims, often with entire legal teams dedicated to minimizing what they pay out to injured workers and grieving families. Without a knowledgeable lawyer on your side, it’s easy to find yourself outmatched and overwhelmed.

The experienced asbestos disease lawyers at Younce, Vtipil, Baznik & Banks can step in to:

• Conduct a thorough investigation to identify all responsible parties
• Trace exposure history, obtain medical records, and consult experts
• Prepare claims for asbestos-related illnesses that hold up under scrutiny
• Meet the strict deadlines that apply to asbestos claims in North Carolina
• Fight for the full asbestos disease compensation you are entitled to by law

Our attorneys are here to handle the investigation, the paperwork, and the negotiations so you can focus your energy on your health and your family.

Occupations and Industries at Higher Risk for Asbestos Exposure in North Carolina

Certain jobs carry a much higher risk of asbestos exposure than others, particularly those involving older buildings, industrial equipment, or manufacturing materials produced before the 1980s. That may include workers in the following industries and occupations:

• Construction workers – Insulation, roofing materials, floor tiles, and drywall compounds used in older buildings often contain asbestos fibers.
• Shipyard employees – Naval and commercial shipyards throughout North Carolina relied heavily on asbestos insulation for pipes, boilers, and engine rooms for decades.
• Textile mill workers – North Carolina’s large textile industry used asbestos in machinery, protective gear, and insulation throughout much of the twentieth century.
• Power plant employees – Older boilers, turbines, and pipe insulation at power generation facilities frequently contained asbestos-based materials.
• Auto mechanics – Brake pads, clutches, and gaskets manufactured before the 1990s commonly had asbestos fibers that could be inhaled during routine repairs.
• HVAC technicians – Older heating and cooling systems often included asbestos-based insulation, gaskets, and duct materials.

Understanding North Carolina Workers’ Compensation for Asbestos-Related Diseases

North Carolina workers’ comp law treats certain occupational diseases, including asbestosis, as compensable injuries when they result from harmful working conditions. If your illness is listed in N.C.G.S. § 97-53, the law recognizes it as an occupational disease. While you don’t have to prove that a single traumatic accident caused your occupational illness, you do have to establish that it resulted from work-related exposure or duties (N.C.G.S. § 97-52).

Asbestosis is a fibrotic condition of the lungs caused by the inhalation of asbestos dust. Unlike other occupational diseases, if asbestos is diagnosed, it is unnecessary to show disability (meaning loss of wage-earning capacity) to receive initial weekly benefits. The law provides an automatic 104 weeks of compensation to encourage the employee to change occupations and remove himself/herself from further harmful exposure.

If he/she claims to have asbestosis, the employee will be ordered to submit to an examination by the advisory medical committee, and if the Industrial Commission then finds that the employee has asbestosis, he will be ordered to be removed from any occupation that exposes him/her to asbestos. Once the employee finishes the 104 weeks of compensation, he/she may have to submit to a second and third examination to determine any disability.

The worker must prove that he/she was exposed to asbestos for as many as 30 working days, or parts of working days, within seven consecutive calendar months. Such exposure will be deemed injurious, but any less exposure will be deemed not injurious.  The employer in whose employment the employee was last injuriously exposed to the hazards of asbestos, and its insurance carrier, will be liable for the asbestos disease (N.C.G.S.§ 97-57). This statute created an irrebuttable presumption that injurious exposure occurs in the last 30 days of exposure, so there is no need to put on medical evidence that the exposure augmented the disease, however slight.

Under N.C.G.S. § 97-58, an occupational disease claim must be filed with the North Carolina Industrial Commission within two years of death, disability, or when a doctor diagnoses the condition and links it to work, whichever of these dates is the latest. Asbestos diseases can have a latency period of 20 to 30 years sometimes, so this provision is very important. If a doctor does not tell the worker that he/she has an asbestos-related disease until 35 years after the last 30 day injurious exposure, there can still be a valid claim. Missing the deadline will likely bar your right to file a claim entirely. Our asbestos disease lawyers can help you determine exactly when your filing window closes and take swift action to protect your right to compensation. Please remember that it is not up to the employer to file notice of the claim. Either the worker or their attorney must do that.

N.C.G.S. § 97-54 defines disability in asbestos-related disease claims as the worker becoming actually incapacitated from earning the same wages in any employment that the worker received at the time of their last injurious exposure.

Workers’ Compensation vs. Third-Party Lawsuits

In general, there are two different types of claims you may have for an asbestos-related condition:

• Workers’ comp claim – Workers’ compensation benefits help cover your medical care and a portion of your lost wages. While these claims typically prevent you from suing your employer directly for additional money, you don’t have to prove that someone is at fault for your illness.
• Personal injury claim – State law also allows you to pursue separate claims against any third parties whose negligence contributed to your exposure, such as manufacturers or distributors of asbestos-containing products. A successful claim against one of these third parties can provide compensation beyond what workers’ comp alone offers, including full compensation for lost wages and for pain and suffering. However, it is much more difficult to dig up the right evidence and prove a third-party negligence claim. These claims require specialized information that a small handful of law firms own, so our attorneys always have to associate one of those specialty firms to assist us in third-party negligence claims. Our attorneys have relationships with those specialty firms, all of which are outside of North Carolina, and have worked with them in the past.

North Carolina law allows you to pursue a third-party claim even while you pursue workers’ comp benefits at the same time (N.C.G.S. § 97-10.2). However, if you receive compensation through a third-party lawsuit, you may be expected to pay back part of your workers’ compensation benefits from the settlement or verdict. Our attorneys are experienced in negotiating with workers compensation insurance companies to get them to reduce the amount to be paid back. If they will not reduce their “lien” sufficiently, we are equipped to take the issue to a hearing and let a judge set the “lien”.

Our attorneys can evaluate every angle of your situation to determine whether you have grounds for both a workers’ compensation claim and a third-party asbestos lawsuit. No matter which options are available to you, we’ll work tirelessly to maximize your payout.

Proving an Asbestos Disease Third-Party Negligence Claim

Proving an asbestos-related claim requires clear evidence connecting your diagnosis to a specific workplace and product. A strong case will generally involve evidence and records like:

• Employment records showing where you worked, your job duties, and the duration of your employment
• Medical evidence, including test results and a diagnosis from a qualified physician clearly linking your illness to the asbestos exposure
• Product identification to establish the specific asbestos-containing products or materials that caused your exposure
• Witness testimony, such as statements from coworkers, supervisors, or others who can confirm your workplace conditions
• Expert witness statements explaining how your work-related exposure caused your asbestos disease.

At Younce, Vtipil, Baznik & Banks, our dedicated team commonly works with out-of-state specialty law firms, medical experts, occupational specialists, and investigators to gather this evidence and prepare compelling, well-documented asbestos disease claims.

Compensation Available in Asbestos Disease Third-Party Negligence Claims

Depending on the specific facts of your case, you could be entitled to asbestos disease compensation for:

• Past and current medical expenses related to your condition
• The estimated costs of any future medical treatment you may need
• Income losses from time away from work
• Losses in your long-term earning capacity
• Pain, suffering, and diminished quality of life
• Funeral and burial expenses and related losses in wrongful death cases

The primary factor impacting what types of compensation you can recover is whether you have a workers’ comp or personal injury claim – or both. Our knowledgeable North Carolina attorneys can help you explore your options and pursue the full financial recovery you are owed by law.

How the Attorneys at Younce, Vtipil, Baznik & Banks Can Assist with Your Claim

Injured workers across North Carolina trust the experienced attorneys at Younce, Vtipil, Baznik & Banks to handle the workers’ compensation process for them because we offer:

• Dedicated representation – When you call our firm’s Raleigh office, you won’t just speak with an intake worker who passes you along to someone else down the line. You’ll talk with a licensed North Carolina attorney from the very first conversation, and that same attorney will usually stay with you throughout every stage of your case.
• Personal relationships – Many of our injury lawyers and staff have worked at this firm for over 20 years, and most of our new clients come to us through referrals from people we’ve already helped as well as doctors and other lawyers. We believe that kind of loyalty says a lot about how we treat the people who trust us with their cases.
• Open communication – We use a state-of-the-art case tracking system that keeps our attorneys and staff on top of every detail of your claim. Our team includes fluent English- and Spanish-speaking staff members, so language is never a barrier to the personalized attention and honest advice you deserve throughout your case.
• Financial strength – We’re financially stable enough to take on large companies without hesitation, and we’ve gone up against nearly every major insurance carrier in the country on behalf of our clients. That means we can invest the time and resources your asbestos compensation claim needs, whether that means hiring medical experts, tracking down old employment records, or preparing for trial if it’s in your best interest.
• Meaningful results – We’ve secured millions of dollars for injured workers throughout the state, including a $3,336,000 settlement in a wrongful death and workers’ compensation case stemming from a construction accident. That’s the kind of dedicated advocacy we bring to every case we handle, including claims for asbestos-related diseases.*

Call Our Asbestos Disease Lawyers in Raleigh, NC for Help with Your Claim

An asbestos-related diagnosis changes everything, but you don’t have to face your next steps alone. The attorneys at Younce, Vtipil, Baznik & Banks are ready to fight for your asbestos case.

Here’s what a former client had to say about working with one of our workers’ comp attorneys:

“Mr. Vtipil was great! Very kind, calm, knowledgeable, and actually cares about you as a person! This law firm is very organized as well. Highly recommend!” – Lanie Luck

Reach out today for your free consultation to learn more about how we can help you move forward.

*Each case is unique, and past results do not guarantee future outcomes.