Chicago’s older buildings are a hidden danger for construction workers. Any building constructed before 1980 likely contains asbestos—in insulation, floor tiles, ceiling tiles, roofing materials, pipe wrapping, and dozens of other building components. When renovation or demolition work disturbs these materials, workers breathe in microscopic fibers that can cause devastating diseases decades later.
At Phillips Law Offices, our Chicago construction accident attorneys have represented countless workers diagnosed with asbestos-related illnesses. If you’ve been exposed to asbestos on a job site—or have already been diagnosed with an asbestos disease—understanding your legal rights is critical.
Why Chicago Workers Face Higher Asbestos Risks
Chicago’s building stock makes asbestos exposure a particularly serious concern:
- Historic architecture: Chicago is famous for its historic buildings, most of which were constructed when asbestos was used extensively
- Industrial heritage: Former factories, warehouses, and industrial buildings often contain heavy asbestos contamination
- Ongoing renovation boom: Thousands of older buildings are being renovated, converted to condos, or demolished every year
- High-rise construction: Many downtown office buildings from the 1950s-1970s are loaded with asbestos
Workers involved in renovation, remodeling, demolition, and maintenance of older Chicago buildings face daily asbestos exposure risks. If you’re working on a high-rise construction project, the risks may be even higher due to older building materials.
Where Asbestos Hides in Buildings
Construction workers may encounter asbestos in:
- Insulation: Pipe insulation, HVAC insulation, attic insulation
- Flooring: Vinyl floor tiles (especially 9″x9″ tiles), sheet flooring, adhesives (“black mastic”)
- Ceiling materials: Acoustic ceiling tiles, plaster, popcorn ceilings
- Roofing: Shingles, felt, flashing
- Walls: Drywall joint compound, plaster, textured coatings
- Fireproofing: Spray-on fireproofing, fire doors
- Cement products: Cement pipes, cement siding, cement sheets
- Electrical components: Wiring insulation, electrical panels
- Boiler and mechanical rooms: Boiler insulation, gaskets, valves
The danger: Asbestos becomes hazardous when materials are disturbed—cut, drilled, sanded, demolished, or removed. This releases microscopic fibers into the air that workers inhale.
Diseases Caused by Asbestos Exposure
Asbestos fibers lodge in the lungs and cause serious diseases, often appearing 10-50 years after exposure:
Mesothelioma
A deadly cancer affecting the lining of the lungs, abdomen, or heart. Mesothelioma is almost exclusively caused by asbestos exposure and has no cure. Average survival time after diagnosis is 12-21 months.
Lung Cancer
Asbestos exposure significantly increases lung cancer risk, especially for workers who also smoke. Asbestos-related lung cancer is often more aggressive than other forms.
Asbestosis
A chronic lung disease caused by inhaling asbestos fibers. Symptoms include shortness of breath, persistent cough, and chest tightness. Asbestosis progressively worsens and can be fatal.
Pleural Disease
Non-cancerous conditions affecting the lung lining, including pleural plaques, pleural thickening, and pleural effusions. These conditions cause breathing difficulties and may indicate future cancer risk.
Your Legal Rights as an Exposed Worker
If you’ve been exposed to asbestos at work—or diagnosed with an asbestos-related disease—you may have several legal options:
1. Workers’ Compensation Benefits
Under the Illinois Workers’ Compensation Act (820 ILCS 305), occupational diseases caused by workplace asbestos exposure are covered by workers’ compensation. Benefits include:
- Medical treatment coverage
- Temporary total disability (TTD) payments
- Permanent partial disability (PPD) benefits
- Death benefits for surviving family members
Important: Under 820 ILCS 305/6(c), for occupational diseases, you must file your workers’ comp claim within 3 years of becoming disabled or within 2 years of learning the disease is work-related—whichever is later.
2. Third-Party Lawsuits
Beyond workers’ comp, you may be able to sue parties other than your employer, including:
- Property owners: Who knew about asbestos but failed to warn or protect workers
- General contractors: Who didn’t ensure proper asbestos safety protocols
- Asbestos abatement companies: Who failed to properly remove or contain asbestos
- Asbestos product manufacturers: Companies that made asbestos-containing materials
- Equipment manufacturers: Who made machines that released asbestos fibers
Third-party lawsuits can recover damages not available through workers’ comp, including full lost wages and pain and suffering. Under Illinois’s modified comparative negligence law (735 ILCS 5/2-1116), you can recover damages as long as you’re less than 50% at fault for your injuries.
3. Asbestos Trust Funds
Many companies that manufactured or used asbestos have gone bankrupt and established trust funds to compensate victims. Over $30 billion remains in these trusts. An experienced attorney can identify which trusts you may be eligible to claim from.
OSHA and Illinois Regulations
Both federal and state regulations govern asbestos safety on job sites. Violations of these regulations can be strong evidence of negligence:
OSHA Asbestos Standards
OSHA’s asbestos standards under 29 CFR 1926.1101 (Construction Standard) require employers to:
- Test buildings for asbestos before renovation or demolition
- Train workers about asbestos hazards
- Provide proper respiratory protection
- Use engineering controls to limit exposure
- Conduct air monitoring
- Establish regulated areas where asbestos work is performed
- Provide medical surveillance for exposed workers
- Maintain exposure below the Permissible Exposure Limit (PEL) of 0.1 fiber per cubic centimeter
Illinois EPA Requirements
The Illinois Environmental Protection Agency under 415 ILCS 5 (Environmental Protection Act) and related regulations requires:
- Asbestos inspections before demolition or renovation
- Notification before work begins
- Use of licensed asbestos contractors for abatement
- Proper disposal of asbestos waste at licensed facilities
Warning Signs of Unsafe Job Sites
Be alert if you observe any of these red flags on renovation or demolition projects:
- No asbestos testing before work began
- No warning signs posted in work areas
- Workers not provided with proper respirators (N-95 masks are NOT adequate for asbestos)
- No wet methods used when cutting or removing materials
- Debris not properly bagged and disposed of
- Workers not trained about asbestos hazards
- No air monitoring during work
- Work on buildings built before 1980 with no mention of asbestos
If you see these conditions, document them. Take photos, note dates, and keep records. This evidence may be crucial if you develop an asbestos disease later.
What to Do If You’ve Been Exposed
If you believe you’ve been exposed to asbestos at work:
- Report the exposure: Notify your supervisor and make sure it’s documented in writing
- See a doctor: Get a baseline medical evaluation and chest X-ray
- Document everything: Keep records of job sites, dates worked, materials handled, and any safety violations
- Request exposure records: Your employer must provide access to exposure monitoring and medical records under OSHA regulations
- Get regular screenings: Asbestos diseases can take decades to appear—regular monitoring can catch problems early
- Consult an attorney: Even if you’re not yet sick, understanding your rights is important
If You’ve Been Diagnosed
If you’ve been diagnosed with mesothelioma, lung cancer, asbestosis, or another asbestos-related disease:
- Get the best medical care: Seek specialists experienced in treating asbestos diseases
- Create an exposure history: List every job site, employer, and type of work you’ve done throughout your career
- Gather documents: Collect pay stubs, tax records, union records, and anything showing where you worked
- Contact an asbestos attorney immediately: Time limits apply, and evidence can be lost
Compensation Available
Asbestos victims and their families may recover compensation for:
- Medical expenses: All past and future treatment costs
- Lost wages: Income lost due to illness
- Lost earning capacity: Future income you won’t be able to earn
- Pain and suffering: Physical pain and emotional distress
- Loss of enjoyment of life: Impact on quality of life
- Wrongful death: Compensation for surviving family members
Because asbestos diseases are often fatal, cases frequently involve substantial compensation. Mesothelioma verdicts and settlements regularly exceed $1 million.
Statute of Limitations
Illinois uses a “discovery rule” for asbestos cases under 735 ILCS 5/13-202. The statute of limitations doesn’t start running until you know (or should know) that you have an asbestos-related disease and that it was caused by exposure. Generally:
- Personal injury claims: 2 years from discovery of the disease
- Wrongful death claims: 2 years from death under 740 ILCS 180 (Wrongful Death Act)
- Workers’ compensation (occupational disease): 3 years from disablement OR 2 years from knowing it’s work-related
Don’t delay. Asbestos cases require extensive investigation, including tracking down decades of work history. The sooner you contact an attorney, the better.
How Phillips Law Offices Handles Asbestos Cases
Our experienced team:
- Investigates your complete work history: We trace every potential source of exposure
- Identifies all responsible parties: Including manufacturers, contractors, and property owners
- Works with medical experts: To document your diagnosis and link it to asbestos exposure
- Files trust fund claims: We know which bankruptcy trusts may owe you compensation
- Pursues maximum compensation: Through workers’ comp, third-party lawsuits, and trust claims
- Expedites cases when needed: Courts prioritize asbestos cases for terminally ill plaintiffs
Free Consultation for Asbestos Victims
If you’re a Chicago construction worker who has been exposed to asbestos—or diagnosed with an asbestos disease—contact Phillips Law Offices today.
We offer free consultations and handle cases on contingency—you pay nothing unless we recover compensation for you. Call (312) 346-4262 or contact us online to speak with an experienced asbestos attorney.
Phillips Law Offices represents asbestos exposure victims throughout Chicago and Illinois, including construction workers, demolition crews, renovation workers, and their families.