New Orleans Asbestos Exposure Lawyer
Asbestos disease in Orleans Parish rarely traces back to a single bad day. It traces back to decades spent on docks, in shipyards, in refineries and in old buildings, and the diagnosis often arrives long after the exposure ended. That timing shapes everything about a claim. At Lunsford, Baskin & Priebe PLLC, our workers’ compensation and injury attorneys represent people across New Orleans, Orleans Parish and South Louisiana, and the firm’s work centers on injured workers whose benefits have been denied, delayed or cut off. If you need a New Orleans asbestos exposure lawyer, the first questions are usually how you were exposed, who employed you, and which of several possible claims is still open.
Asbestos cases sit at the intersection of two separate systems. A worker who developed an occupational disease may have a workers’ compensation claim against an employer and its insurer. The same worker may also have a claim against outside companies that made, sold or installed asbestos-containing products. Those paths have different deadlines, different decision-makers and different rules about what you can recover. Choosing between them, or pursuing both, is the first decision that matters.
Why Choose Lunsford, Baskin & Priebe for an Asbestos Exposure Claim
Lunsford, Baskin & Priebe PLLC is a law firm built around injured workers in Louisiana and Mississippi. We have recovered more than $100 million in settlements for our clients. We take cases on a no recovery, no fee basis, consultations are free, we advance the costs of the case, and our phones are answered 24 hours a day. Hablamos español.
Rob Lunsford, our Founding Partner, has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has tried dozens of jury and bench trials to verdict, which matters when a claim against an outside company has to be built for a courtroom. Keaton Belk and Erin Heimlicher round out the attorney team.
Our results show how we handle serious medical cases. They include a $685,000 settlement for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, and $221,000 for a land-based oil rig worker with severe burns. Those are different injuries from asbestos disease, but the work is the same: get the medical evidence in order, answer the insurer’s arguments about causation and pre-existing conditions, and push for the care and wage benefits the law provides. Clients consistently describe a team that listens, communicates and fights the insurance company on their behalf.
Where Asbestos Exposure Happens in the New Orleans Area
The Port of New Orleans, the Mississippi River shipping corridor and the petrochemical plants upriver shaped the local economy for generations, and they shaped who gets sick. These are the categories of exposure we see most often in asbestos claims.
- Shipyard and Maritime Work: Ship repair, shipbuilding and dock work involved insulation, gaskets and boiler materials containing asbestos. Seamen and longshore workers may fall under federal maritime or longshore compensation schemes rather than state comp, which is one reason an early review of your work history matters.
- Refineries and Chemical Plants: Pipe insulation, turnaround work and maintenance on heat-producing equipment exposed contract and plant employees alike. Many were employed by contractors rather than the plant owner, which affects who the responsible parties are.
- Construction and Demolition: Older buildings in New Orleans carry asbestos in flooring, roofing, joint compound and pipe wrap. Renovation and storm-repair work disturbs those materials and releases fibers.
- Insulators, Pipefitters, and Ironworkers: These trades handled asbestos products directly for years. Disease from this level of exposure commonly appears decades later.
- Power Plant and Industrial Maintenance: Boilers, turbines and steam lines were wrapped in asbestos insulation, and maintenance crews worked in the dust it produced.
- Firefighters and First Responders: Fire suppression and overhaul in older structures can mean breathing burning and disturbed asbestos materials. Heart and lung disease and cancer tied to the job are claim categories our firm handles for first responders.
- Secondhand Exposure: Family members who washed contaminated work clothes can develop disease without ever setting foot on the job site. These claims fall outside workers’ compensation and run through the injury courts.
What to Do Right Now After an Asbestos Diagnosis or Exposure
Start with the medical record. Get the diagnosis in writing, along with imaging, pulmonary function tests and any pathology reports. Ask your doctor to state what in your work history could have caused the condition. Occupational disease claims are won and lost on medical causation, and a physician’s written opinion tying your condition to your workplace is worth more than your own description of it.
Then report it. In Louisiana, injured employees should notify the employer within 30 days, and a formal workers’ compensation claim generally must be filed within one year of the date of injury. If benefits have been paid, the filing window can stretch to three years from the last payment. Exceptions and disputes about when an occupational disease actually “occurred” are common in latent-disease cases, so do not assume a deadline has passed because you were exposed years ago. Talk to an attorney before you decide.
Reconstruct your work history while the details are fresh. List every employer, job site, trade and approximate dates, including contractors and short-term jobs. Note the products you remember, the coworkers who worked beside you, and any union or personnel records that can confirm where you were. Insurers and defendant companies will test every gap in that timeline.
Workers’ compensation disputes in Louisiana are heard by workers’ compensation judges at the Office of Workers’ Compensation, and the New Orleans district hears claims arising in this area. You elect the venue: the parish where you were injured, the parish where you lived at the time, or the parish of the employer’s principal place of business. A final judgment can be appealed to the Louisiana courts of appeal. Appeals from Orleans Parish go to the Fourth Circuit, and an appeal that suspends the judgment must be filed within thirty days. Claims against outside companies are filed in civil court, and federal court may come into play for some defendants.
Avoid the common mistakes. Do not sign a recorded statement or a settlement release before an attorney has reviewed it. Do not assume your retirement ends your options. Do not wait to see how the illness develops before getting legal advice, because limitation periods run on their own schedule.
Workers’ Compensation Versus a Third-Party Claim
The workers’ compensation system is no-fault. You do not have to prove your employer was careless, but you do have to prove the disease arose from your work. Benefits include reasonable and necessary medical treatment and wage replacement during disability, with additional benefits for permanent disability, catastrophic injury or death. Supplemental earnings benefits can apply when you return to work at reduced pay, and they are capped at 520 weeks, with temporary total disability weeks counting toward that limit. Weekly benefit rates are set annually under state law and are fixed by the date of the accident.
A claim against a manufacturer, supplier or premises owner is a different animal. It is a tort claim, and it can reach damages that comp does not, such as pain and suffering. The tradeoff is that you must prove fault, and Louisiana’s fault rules now matter: for causes of action arising on or after January 1, 2026, a claimant found 51 percent or more at fault recovers nothing, while lesser fault reduces the award proportionally. For injuries on or after July 1, 2024, the general tort limitation period is two years from the day the injury or damage is sustained, and earlier injuries remain under the former one-year period. Because asbestos disease is latent, the question of when damage was “sustained” is itself a point of dispute. Wrongful death claims run one year from the death or two years from the injury, whichever is longer.
We handle both sides. Our personal injury and wrongful death practice exists so that your comp claim and any outside-party claim are coordinated, not pursued at cross purposes. Settling one without understanding its effect on the other can cost you money.
Common Questions About Asbestos Exposure Claims in New Orleans
Do I have to be diagnosed with mesothelioma to have a claim?
No. Asbestosis, pleural disease, lung cancer and mesothelioma can all support a claim if the medical evidence connects the condition to workplace exposure. The type of disease affects value and urgency, but it does not decide whether a claim exists.
Is asbestos disease covered by workers’ compensation in Louisiana?
It can be, when an occupational disease is caused by your work. Benefits can include medical treatment, wage replacement while you cannot work, and additional benefits for permanent disability or death. The insurer will often contest causation, so strong medical evidence is central.
How long do I have to file?
Report to your employer within 30 days, and generally file a comp claim within one year of the date of injury in Louisiana. Payments already made can extend that to three years from the last payment. For claims against outside companies, the general tort period for injuries on or after July 1, 2024 is two years. Latent disease creates real disputes over when the clock started, so get advice early.
What if I was exposed decades ago and the employer is out of business?
That is common. A defunct employer does not always end the analysis, since insurance coverage may still exist and other companies may share responsibility. Tracing the right party is part of the investigation.
Can I pursue comp and a lawsuit at the same time?
In many situations, yes. A workers’ compensation claim against your employer and a tort claim against an outside manufacturer or contractor can proceed in parallel, though the interaction between them, including the employer’s reimbursement rights, needs careful handling.
Does smoking ruin my case?
Not automatically. Insurers raise smoking and other pre-existing risk factors, but a condition that was caused, worsened or accelerated by your job can still be compensable. In a fault-based claim, fault can reduce recovery, and under the current rule a claimant found 51 percent or more at fault recovers nothing, which is why we answer the argument with medical evidence.
My spouse died of an asbestos-related illness. Can the family file?
Surviving family members may have wrongful death and survival claims, and death benefits may be available through workers’ compensation. Wrongful death actions generally must be brought within one year of the death or two years from the injury, whichever is longer, so do not wait.
I was exposed in Mississippi but live in New Orleans now. Where do I file?
It depends on where the work occurred, where you were hired and where the defendants are. Mississippi comp claims go to the Mississippi Workers’ Compensation Commission, with a 30-day notice requirement and a two-year filing period. Our attorneys practice in both states, so we can sort out which law applies.
Will my health insurance pay for treatment while the claim is pending?
Often it will, but the health insurer may later seek reimbursement from any recovery, and a comp insurer that accepts the claim should be paying for related treatment directly. Tell us how your care is being billed so we can handle it correctly.
How long does an asbestos claim take?
Comp disputes can resolve in months or run longer if the insurer contests causation. Third-party claims against manufacturers generally take longer because they involve identifying exposure sources, gathering expert medical proof and negotiating with multiple defendants. We will give you a realistic view once we know your facts.
Is it worth hiring a lawyer if my employer’s insurer has accepted the claim?
Often yes. Acceptance of a claim does not mean outside-party claims were investigated, that benefits are being paid correctly, or that a proposed settlement reflects the long-term cost of the disease. Insurers have lawyers and adjusters protecting their interests, and you should have someone protecting yours.
What does it cost to hire your firm?
Nothing up front. Consultations are free, we advance the costs of your case, and we are paid only if we recover benefits or a settlement. Attorney fees in workers’ compensation cases are limited and approved under state law.
Serving Asbestos Exposure Clients Across New Orleans and South Louisiana
Our work begins in New Orleans and Orleans Parish, and we represent workers and families from the Central Business District, the Garden District, Uptown and Mid-City to Gentilly, the Lower Ninth Ward, Algiers, Bywater and New Orleans East. We also serve clients in neighboring Jefferson Parish communities such as Metairie, Kenner, Harahan and Gretna, as well as St. Bernard, Plaquemines and St. Charles parishes, where refineries, shipyards and river terminals have employed generations of workers.
Across South Louisiana, we help injured workers in Baton Rouge, Lafayette and Lake Charles, and our reach extends statewide into north Louisiana, including Shreveport. In Mississippi, we represent clients from Jackson and Madison to the Gulf Coast, Hattiesburg, Southaven, the Delta and north Mississippi. Wherever you worked and wherever you now live, we can review your exposure history and tell you which claims may be open.
Talk With a New Orleans Asbestos Exposure Attorney Today
Asbestos claims depend on timing, medical proof and a clear work history, and each of those gets harder to establish the longer you wait. A New Orleans asbestos exposure attorney at Lunsford, Baskin & Priebe can review your diagnosis, identify the employers and companies involved, and explain which deadlines apply to you. Call us to schedule a free consultation. Our phones are answered 24 hours a day, and you pay no fee unless we recover benefits or a settlement for you.
