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Workplace and military asbestos exposure in Minnesota has been a serious issue. Prolonged asbestos exposure can lead to the development of mesothelioma and other asbestos-related diseases. Since treatments for these conditions can be expensive, you may wish to consult a local lawyer who can help you get compensation and hold responsible companies accountable for their negligence.
On this page you will find information about Minnesota laws that specifically deal with mesothelioma and asbestos. Some of the most prominent job sites where asbestos exposure occurred are listed for your convenience. We also list top law firms that have handled cases for mesothelioma victims as well as sample mesothelioma settlements that have been won on behalf of Minnesota residents. Finally we provide information about the statute of limitations for filing a lawsuit in Minnesota.
Minnesota Asbestos Laws and Regulations
In addition to federal regulations, Minnesota follows additional laws under their Minnesota Asbestos Abatement Act. Below is a brief summary of their laws and the departments who oversee them.
Occupational Asbestos Exposure in Minnesota
The Minnesota Department of Health oversees the majority of asbestos regulations in the state. Under their guidance and authority, the department has also created additional guidelines for certification of professionals, asbestos abatement and cleanup procedures. The majority of these regulations can be found under the state’s Asbestos Abatement Act. Minnesota also has a state-approved OSHA plan which is overseen by Minnesota OSHA (MNOSHA).
Licensing of Minnesota Asbestos Professionals
Any asbestos-related work needs to be carried out by an asbestos professional licensed by the Minnesota Department of Health. Their standards are stricter than federal requirements. These regulations can be found under Minnesota’s Asbestos Abatement Act, which include Sections 70 through 81 of Chapter 326 of the Minnesota Statutes.
Asbestos Transport and Disposal in Minnesota
The Minnesota Department of Health and Minnesota Pollution Control Agency oversee the proper transport and disposal of asbestos-containing materials. Chapter 4620 of the Minnesota Administrative Rules defines the regulations for asbestos abatement procedures.
Filing a Minnesota Mesothelioma Lawsuit
Those interested in filing a Minnesota mesothelioma lawsuit or in hiring a Minnesota mesothelioma lawyer should be aware that their legal rights may be restricted by Minnesota’s statute of limitations. A statute of limitations is the period of time you have until it is “too late” to file an asbestos or mesothelioma lawsuit. So you are advised to contact a Minnesota mesothelioma lawyer as soon as possible after a mesothelioma diagnosis in order to file any lawsuits within the state’s statute of limitations.
An experienced Minnesota mesothelioma attorney can help you present your case and maximize your chances of winning a settlement in a court of law. To make sure that you are protected under the law and to build a strong case, a mesothelioma attorney will first need to obtain the following information:
Medical records confirming a diagnosis of mesothelioma or other asbestos disease
Death certificate with cause of death listed (if applicable)
Work history or military service to determine how and when the asbestos exposure occurred
It is important to know that even if your loved one has already lost their battle with mesothelioma, you may still have the right to file a claim.
Mesothelioma Deaths in Minnesota
The federal government did not begin to track mesothelioma deaths until 1999, despite the hundreds of thousands of lawsuits filed over asbestos related diseases beginning in 1972. However a study of death certificates filed between 1979 and 2001 showed 238 deaths attributable to asbestosis in Minnesota during that period, with mesothelioma deaths reported as 439 and suspected to range up to 713. The statistics gathered by the federal government between 1999 and 2005 showed 401 mesothelioma deaths during that brief period, indicating that asbestos fatalities have been severely underreported through the twentieth century when asbestos exposure was most acute.
Legal Rights of Mesothelioma Victims in Minnesota
Minnesota has an unusually long period of opportunity for filing claims for compensation after a diagnosis of asbestos related disease is made. The statute of limitations for personal injury is six years, for product liability is four years, and for a wrongful death suit three years. Most asbestos lawsuits are filed against multiple defendants; under Minnesota law financial liability can be apportioned on a “joint and several” basis.
Asbestos Laws in Minnesota
The Minnesota Department of Health implements the regulations and rules in regards to asbestos abatement. These regulations are set in place to ensure the safety of the public as well as anyone working around asbestos:
Under Minnesota Rules, Parts 4620.3000 to 4620.3724, anyone working on an asbestos-abatement project must first be qualified by the state. Each qualified person must have the proper training as well as the proper licensing before beginning any asbestos abatement project.
Under the Minnesota Abatement Act, sections 326.70 to 326.81, the appropriate fees must be paid before starting an asbestos abatement project. In addition, notification must be sent to the state prior to starting the project. Notification must also be sent when the project is complete. Furthermore, indoor air quality standards must be adhered to at all times.
When disposing of asbestos, it must be placed in a seal-tight container, with a label clearly marked to reflect that the contents are hazardous. Any container with asbestos must be disposed of at one of the state-approved landfills in Minnesota.
Talk with a Minnesota Mesothelioma Lawyer Today
Request a free evaluation if you or someone you love has been diagnosed with mesothelioma due to asbestos exposure while living or working in Minnesota. Treating mesothelioma can be an expensive proposition and financial assistance is available to help.
http://bestmesotheliomacancerlawyers.com/2017/11/24/minnesota-mesothelioma-lawyers-filing-a-lawsuit-in-minnesota/2/
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