Asbestos exposure has left a lasting impact on United States military veterans. This is especially true for those who served in the Navy between the 1930s and 1980s. The painful part is that such veterans encounter unique legal barriers when pursuing their legal rights and compensation that civilians don’t deal with. In this article, we take a look at the legal complexities surrounding military asbestos exposure claims.
Why Navy Veterans Were at Higher Risk
The Navy relied a great deal on asbestos for its heat-resistant and fireproof qualities. Ships had asbestos in boiler rooms, pipes, pumps, insulations, and even floor titles. Poor ventilation on these vessels meant that fibers often lingered in the air. This exposed not only the maintenance crews, but also personnel who worked nearby. More than 30% of mesothelioma cases in the U.S. involve veterans, and Navy service members represent the largest group affected.
Legal Barriers for Service-Related Claims
Veterans face challenges that civilian workers do not have to deal with. There are two legal protections that prevent veterans from directly suing the U.S. military for injuries related to their service. These are:
- Feres Doctrine
- Federal Tort Claims Act
What this means is that a Navy veteran who has been diagnosed with mesothelioma cannot file a lawsuit against the Navy itself. It is not even possible when asbestos exposure happened exclusively on board a ship during active duty.
What veterans can do instead is that they can file claims against private companies that supplied asbestos-containing products. Many of these manufacturers have since gone bankrupt, but courts required them to establish asbestos trust funds to compensate victims.
Settlement Structures and Litigation Strategies
As a result of these restrictions, asbestos cases involving veterans often focus on holding contractors and product suppliers accountable. This strategy had lead to different outcomes:
- Asbestos trust fund claims: Bankrupt companies, such as insulation and gasket manufacturers, created trust that still pay claims today.
- Civil lawsuits against manufacturers: Veterans may sue solvent companies that supplied asbestos products to the military. They can claim that the companies failed to warn of the risks.
- Wrongful death actions: Families of deceased veterans may file claims seeking compensation for medical bills, lost income, and emotional suffering.
Negotiated Navy asbestos settlement are common, as trials can be lengthy and costly. Your lawyer will do everything they can to settle early, but that doesn’t mean they won’t be willing to go to court to get you a good deal. If your lawyer doesn’t want to go to court if need be, find another lawyer.
Endnote
The legal journey for military veterans harmed by asbestos is far more complicated than for civilians. The government itself cannot be sued because they are shielded by sovereign immunity. Veterans have to push claims toward manufacturers and trust funds instead. At the same time, the VA provides a parallel system of benefits, which can complement civil compensation.
For Navy veterans in particular, asbestos exposure remains a defining legal issue. This is why understanding the framework for lawsuits, trust funds, and VA claims is critical for securing justice.
