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Asbestos Exposure in New York

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Asbestos Exposure in New York
State-specific mesothelioma data and resources
Total Cases (1999-2019) 4,191
National Ranking #3 (tied with PA)
NYCAL Verdicts 315% above average
Record Verdict $117 million (2025)
Brooklyn Navy Yard Peak 70,000 workers (WWII)
WTC Health Program 132,530 enrolled
Statute of Limitations 3 years from discovery
Key Regulation ICR 56 (12 NYCRR Part 56)
Free Case Review →

Executive Summary

New York State ranks among the top three states nationally for mesothelioma incidence and mortality, with approximately 4,191 diagnosed cases between 1999 and 2019, tied with Pennsylvania and trailing only California and Florida.[1] The state's heavy industrialization, concentration of military and civilian shipyards, massive pre-1980 building stock, and the September 11, 2001 World Trade Center disaster have created overlapping waves of asbestos exposure affecting hundreds of thousands of workers, residents, and first responders.[2] New York City Asbestos Litigation (NYCAL) remains one of the most active and plaintiff-favorable asbestos dockets in the country, with consolidated trial verdicts averaging 315% higher than the national average.[3] A May 2025 NYCAL verdict reached $117 million, setting a new record for asbestos exposure cases in New York.[4]

Medical treatment infrastructure in New York is world-class. Mount Sinai's Irving J. Selikoff Center, the institution that originally established the scientific link between asbestos and mesothelioma, continues to lead research and clinical care. Memorial Sloan Kettering Cancer Center conducts cutting-edge CAR T-cell therapy trials targeting mesothelioma, while Roswell Park Comprehensive Cancer Center in Buffalo is the only facility in the state offering cytoreductive surgery with hyperthermic intraperitoneal chemoperfusion (CS/HIPEC) for peritoneal mesothelioma.[5][6][7] For New York residents diagnosed with mesothelioma, multiple compensation pathways exist including personal injury lawsuits through NYCAL, asbestos bankruptcy trust funds, workers' compensation, the World Trade Center Victim Compensation Fund, and VA disability benefits for veterans.[8][9]


Asbestos Exposure in New York: At-a-Glance

  • 4,191 mesothelioma cases diagnosed in New York from 1999 to 2019, ranking the state third nationally alongside Pennsylvania[1]
  • NYCAL verdicts average 315% higher than the national average for asbestos litigation, with 83% of verdicts favoring plaintiffs between 2014 and 2016[3]
  • $117 million record verdict awarded in May 2025 in NYCAL, including $78 million for pain and suffering and $39 million for spousal loss of consortium[4]
  • 70,000 workers employed at the Brooklyn_Navy_Yard during peak World War II operations, making it one of the largest single sources of occupational asbestos exposure in American history[10]
  • 300-400 tons of asbestos used in World Trade Center construction, predominantly on floors 1 through 40 using W.R. Grace's Monokote sprayed fireproofing[11]
  • 132,530 members enrolled in the WTC Health Program as of March 2024, with 35,955 cancer certifications across all types[12]
  • Industrial Code Rule 56 requires asbestos surveys before any building demolition, renovation, or repair in New York, with buildings predating 1974 presumed to contain asbestos[13]
  • 3-year statute of limitations from date of mesothelioma diagnosis for personal injury claims under CPLR 214-c, with a separate 2-year window for wrongful death[14]
  • Mount Sinai reported zero in-hospital and 30-day mortality for pleurectomy/decortication surgery in a February 2026 study, with 90-day mortality at 4.2%[15]
  • Only center in New York offering CS/HIPEC for peritoneal mesothelioma is Roswell Park in Buffalo, achieving approximately 70% five-year survival in selected patients[7]


Key Facts

Metric Finding
Total mesothelioma cases (1999-2019) 4,191 cases, ranking New York third nationally alongside Pennsylvania — CDC U.S. Cancer Statistics[1]
Mesothelioma-related deaths (1999-2019) 2,981 deaths statewide — CDC Malignant Mesothelioma Mortality report[16]
Age-adjusted incidence rate 0.86 per 100,000 total population (males 1.50, females 0.42) — NCI SEER 21 registry data, 2013-2017[17]
NYCAL verdict premium Consolidated trial verdicts 315% higher than national average; median award 1.8x chemical/pharmaceutical torts in NYC — Institute for Legal Reform analysis[3]
Record NYCAL verdict $117 million (May 2025), including $40M past pain and suffering, $38M future pain and suffering, $20M + $19M spousal consortium — Danziger & De Llano verdict database[4]
Brooklyn Navy Yard peak workforce 70,000 employees during World War II across three shifts, with 165 years of continuous operation (1801-1966) — Danziger & De Llano Brooklyn Navy Yard analysis[10]
WTC Health Program enrollment 132,530 members as of March 2024 (88,014 responders, 44,516 survivors); 35,955 cancer certifications — CDC WTC Health Program statistics[12]
WTC asbestos used in construction 300-400 tons across all vendors; original plan called for 5,000 tons of chrysotile-containing sprayed fireproofing on floors 1-40 — International Ban Asbestos Secretariat[11]
Statute of limitations 3 years from discovery of injury for personal injury (CPLR 214-c); 2 years from date of death for wrongful death — Danziger & De Llano legal guide[14]
NYCHA asbestos prevalence Approximately 80% of vacant apartments contain asbestos-containing materials requiring abatement before renovation — NYC Housing Authority records[18]
Roswell Park CS/HIPEC survival Approximately 70% five-year survival in selected peritoneal mesothelioma patients — only CS/HIPEC facility in New York State — Mesothelioma.net cancer center review[7]
Asbestos handler training requirement 32-hour initial course plus state exam (70%+ pass rate), $100 fee, annual 8-hour refresher under Article 30 of the Labor Law — Cornell Law Institute[19]


How Many Mesothelioma Cases Occur in New York?

New York recorded approximately 4,191 mesothelioma cases between 1999 and 2019, tying with Pennsylvania for the third-highest total nationally behind California (6,816) and Florida (4,894).[1] During the same period, 2,981 mesothelioma-related deaths were reported in the state.[16] Nationally, approximately 3,000 new mesothelioma cases are diagnosed annually, with 2,669 cases reported in 2022 according to the most recent CDC data.[1]

SEER Incidence Data

New York is part of the SEER 21 registry system maintained by the National Cancer Institute. SEER data for the 2013-2017 reporting period show New York's age-adjusted mesothelioma incidence rate was 0.86 per 100,000 for the total population, with a rate of 1.50 per 100,000 for males and 0.42 per 100,000 for females. Among white New Yorkers, the rate was higher at 0.97 per 100,000 total, with males reaching 1.62 per 100,000 and females at 0.47 per 100,000.[17]

How Does New York Compare to Other High-Incidence States?

State Total Cases (1999-2019) Incidence Rate per 100,000
California 6,816 0.84 (SEER)
Florida 4,894 N/A
New York 4,191 0.86 (SEER)
Pennsylvania 4,191 0.8 (USCS 2021)
Texas 3,836 N/A
New Jersey 2,129 1.12 (SEER)

While New York has the third-highest absolute case count, its per-capita incidence rate of 0.86 per 100,000 is slightly below states like New Jersey (1.12), Minnesota (1.0), and Maine (1.3), reflecting New York's substantially larger population base.[17][1]

Who Is Most Affected?

Mesothelioma in New York, consistent with national patterns, predominantly affects older males. Nationally, age-specific incidence data shows rates of 8.5 per 100,000 in those aged 85 and older, 7.8 per 100,000 for ages 80 to 85, and progressively lower rates in younger populations.[16] During 1999 through 2015, 79.8% of all U.S. mesothelioma deaths occurred among males and 94.6% among whites.[16] Among women nationally, mesothelioma deaths increased 25.6% from 489 in 1999 to 614 in 2020, although age-adjusted death rates actually declined from 4.83 to 4.15 per million women over the same period, reflecting population growth rather than increasing risk.[20]


Where Did Asbestos Exposure Happen in New York City?

New York City's industrial history created multiple concentrated exposure zones across all five boroughs. From shipyards and power plants to the World Trade Center and public housing, the city's workers and residents encountered asbestos across an extraordinarily wide range of occupational and environmental settings.[2][21]

Brooklyn Navy Yard

The Brooklyn Navy Yard (formally the New York Naval Shipyard) was the largest naval shipyard on the East Coast, operating continuously for 165 years from 1801 to 1966. At its peak during World War II, the yard employed approximately 70,000 workers, making it one of the largest single sources of occupational asbestos exposure in American history. The facility built 5 aircraft carriers, 5 battleships, and hundreds of other naval vessels.[10][22]

Asbestos was used pervasively throughout ship construction: pipe insulation, boiler lagging, turbine wrapping, gaskets, packing, thermal barriers, fireproofing, deck covering, bulkhead insulation, wire insulation, and arc shields. The yard maintained a dedicated asbestos mixing room where workers combined magnesium oxide and asbestos fibers to produce insulation. Wartime urgency meant operations ran around the clock with three shifts, minimal ventilation in enclosed ship spaces, and virtually no respiratory protection for workers.[10][23]

Highest-risk occupations at the yard included insulators and laggers who faced extreme exposure, pipefitters and boilermakers with very high exposure levels, and electricians, shipfitters, and welders who encountered significant concentrations of airborne asbestos from adjacent work areas and asbestos blankets used to protect surfaces during hot work. Following the yard's closure in 1966, it was redeveloped as an industrial park managed by the Brooklyn Navy Yard Development Corporation, now home to nearly 300 businesses employing more than 7,000 people. Legacy asbestos remains in some older structures, and renovation and demolition workers at the site may still encounter asbestos-containing materials.[22][23]

Con Edison Power Plants and Steam System

The 2007 New York City steam pipe explosion at Lexington Avenue and 41st Street in Manhattan sent a 40-story geyser of hot steam and mud into the air. Pipes of that era were commonly wrapped in asbestos insulation, and while air samples showed no friable asbestos particles, asbestos was found in 14 of 56 solid debris samples. The area was declared an asbestos containment area, requiring respirators and protective clothing for anyone entering the cleanup zone. More than 100 evacuated individuals were hosed down at decontamination areas.[24]

This was one of more than 12 similar Con Edison steam pipe explosions since 1987, including a 1989 incident near Gramercy Park that killed three people. The utility pleaded guilty to lying about asbestos contamination from that earlier accident and paid a $2 million fine.[25] Con Edison's extensive steam distribution system, one of the largest in the world, relied on asbestos-insulated pipes installed throughout the 20th century, creating potential exposure for thousands of utility workers, maintenance crews, and nearby residents.[21]

World Trade Center Pre-9/11 Construction

The World Trade Center towers were constructed using asbestos-containing sprayed fireproofing on the steel structural beams. The original plan called for 5,000 tons of chrysotile asbestos-containing sprayed fireproofing, a product called Monokote manufactured by W.R. Grace, on floors 1 through 40 of the towers. Anticipating New York City's 1971 ban on asbestos in construction, the builders stopped using asbestos-containing materials by approximately the 40th floor, and the upper floors received non-asbestos alternatives. The Natural Resources Defense Council estimated that 300 to 400 tons of asbestos from all vendors was ultimately used during construction.[11][26]

NYC Housing Authority (NYCHA)

NYCHA records indicate that approximately 80% of the Authority's vacant apartments contain asbestos-containing materials, primarily vinyl asbestos floor tiles and asbestos-containing ceiling coatings, that may be affected during renovation and require abatement. NYCHA must comply with lead and asbestos testing and abatement requirements before refurbishing vacated apartments, which has contributed to significant delays in returning units to service. A March 2026 Department of Investigation report found that lead and asbestos abatement requirements are a primary factor contributing to the increase in vacant apartments and the length of vacancies across the public housing system.[18][27]


What Are the Major Upstate and Long Island Exposure Sites?

While New York City commands most attention in discussions of asbestos exposure, major industrial facilities across Upstate New York and Long Island also created significant occupational hazards that contributed thousands of workers to the state's mesothelioma toll.[2]

Eastman Kodak (Rochester)

Eastman Business Park, formerly known as Kodak Park, is a 1,200-acre industrial complex in Rochester established in 1891 that became a major source of occupational asbestos exposure for Monroe County workers. Asbestos was present throughout the facility's buildings in insulation, drywall, roofing, tiles, shingles, and fireproofing materials. Manufacturing equipment incorporated asbestos-containing gaskets, packing, cement, block, and blankets.[28][29]

Powerhouse workers, machinists, pipefitters, steamfitters, carpenters, laborers, and plumbers all faced direct exposure. Workers in production units, maintenance gangs, and Ridge Construction, Kodak's in-house construction company, regularly handled asbestos products. Even families of Kodak workers faced secondary take-home exposure from asbestos dust carried on clothing, hair, and skin.[29][30]

Grumman Aircraft (Bethpage, Long Island)

Grumman Aerospace operated its Bethpage facility from 1950 to 1994, producing military aircraft from World War II fighters to the Apollo Lunar Module. Aircraft construction and maintenance extensively used asbestos-containing products including heat shields, brake linings, gaskets, insulation, and fireproofing materials. The amount of asbestos dust in Grumman facilities was so significant that even an employee benefits advisor who only occasionally visited the factory floor developed and died of malignant mesothelioma, a case that resulted in an $8.5 million compensatory damages award in Florida.[31][28]

Beyond occupational asbestos exposure, the Bethpage facility created a massive toxic groundwater plume containing trichloroethylene (TCE) and hexavalent chromium at levels thousands of times above state drinking water standards. Complete cleanup is estimated to take 110 years. In 2023, dust samples from attics of 12 homes in Bethpage, Levittown, and Plainview tested positive for hexavalent chromium, a cancer-causing compound.[32]

Roswell Park and the Buffalo Industrial Corridor

Buffalo's industrial corridor included steel mills, grain elevators, and manufacturing plants with documented asbestos use throughout the 20th century. The concentration of heavy industry in the Western New York region, including plants operated by Bethlehem Steel and Republic Steel, exposed thousands of steelworkers, maintenance workers, and tradespeople to asbestos-containing insulation, fireproofing, and equipment components.[7][2] Roswell Park Comprehensive Cancer Center in Buffalo now serves as a major treatment center for mesothelioma patients from this region, offering specialized surgical and chemotherapy protocols.[7]


How Does September 11th Connect to Mesothelioma?

The destruction of the World Trade Center towers on September 11, 2001, released approximately 1 million tons of pulverized particulate matter throughout southern Manhattan and parts of Brooklyn. WTC dust consisted predominantly (95%) of coarse particles and contained pulverized cement, glass fibers, asbestos, lead, polycyclic aromatic hydrocarbons, polychlorinated biphenyls, and dioxins. Estimates of asbestos released range from 100 to 1,000 tons, with the commonly cited figure of 300 to 400 tons based on the total asbestos used in the original construction.[33][34]

WTC Health Program

The World Trade Center Health Program, administered by the CDC under the James Zadroga 9/11 Health and Compensation Act, had total enrollment of approximately 132,530 members as of March 2024. This includes 88,014 responders (69,651 general responders and 17,059 FDNY responders) and 44,516 community survivors. Of these members, 6,897 were deceased from all causes as of that date.[12]

Cancer is a significant concern within the WTC-exposed population. A total of 35,955 members had at least one cancer certification as of March 2024. The top certified cancers were non-melanoma skin cancer (11,178 cases), prostate cancer (8,938), female breast cancer (3,330), lymphoma (2,043), thyroid cancer (1,856), and lung/bronchus cancer (1,773).[12]

Documented Mesothelioma Cases in WTC Survivors

While mesothelioma did not appear in the top 15 certified WTC cancers, the WTC Environmental Health Center documented four confirmed mesothelioma cases in the community survivor population as of July 2023. Two were peritoneal mesothelioma and two were pleural mesothelioma. All four patients reported acute exposure on September 11, 2001, as well as subsequent chronic exposure to WTC dust, and researchers could not identify any alternative asbestos exposure source for any of the patients.[33]

The Latency Window

The minimum latency period for mesothelioma from WTC exposure has been determined by the WTC Health Program (NIOSH) to be 11 years. However, mesothelioma latency typically averages 20 to 50 years from first exposure. As of 2026, the nation is 25 years out from September 11, placing the WTC-exposed population solidly within the window where 9/11-related mesothelioma cases may begin to accelerate. Two of the documented cases presented at a relatively young age and all had relatively short latency from WTC exposure. The presence of two peritoneal malignancies among only four cases suggests the potential for considerable exposure intensity in these patients. Continued close surveillance of WTC-exposed populations remains critical.[33][2]


What Are New York's Asbestos Regulations?

New York maintains one of the most comprehensive asbestos regulatory frameworks in the nation, administered primarily through the New York State Department of Labor and supplemented by New York City's own certification requirements.[13][8]

Industrial Code Rule 56

The primary state regulation governing asbestos is 12 NYCRR Part 56, known as Industrial Code Rule 56 (ICR 56), enforced by the New York State Department of Labor. This regulation was amended in 2006 to better conform to federal asbestos regulations and align with OSHA and EPA requirements.[13][35]

Key provisions include:

  • An asbestos survey is required before any building demolition, renovation, remodel, or repair work, conducted by a licensed asbestos contractor using certified inspectors[36]
  • Removal is mandatory if the survey finds ACM, PACM, or asbestos material that would be impacted by work; all asbestos must be removed before other trades can proceed[36]
  • Stop-work provisions require that if unidentified asbestos is discovered during construction, all activities must cease and the Asbestos Control Bureau must be notified[36]
  • Buildings constructed before January 1, 1974 are presumed to potentially contain asbestos[35]
  • Because ICR 56 requires compliance with both EPA NESHAP and OSHA requirements, there are effectively no exceptions to asbestos surveys in New York State[35]

Licensing and Certification Requirements

New York requires asbestos handling licenses under Article 30 of the Labor Law (Section 902):[19][37]

License Type Training Required Exam Fee Renewal
Handler 32-hour initial course State exam (70%+ pass) $100 Annual 8-hour refresher
Supervisor Handler license + 8-hour course Supervisor exam $100 Annual refresher
Restricted Handler 16-hour course Exam Varies Annual refresher

New York City's Department of Environmental Protection (DEP) additionally requires its own asbestos handler certification, valid for two years, which is separate from the one-year NYSDOL license. Workers performing asbestos abatement in New York City must hold both credentials.[38]

Record-Keeping Requirements

Asbestos contractors must maintain records of each asbestos project for at least 30 years. A copy of the valid asbestos handling license must be conspicuously displayed near, but outside, the regulated abatement work area during active projects.[39][19]


How Does Mesothelioma Litigation Work in New York?

New York's legal landscape for mesothelioma claims is shaped by the dedicated NYCAL docket, plaintiff-favorable precedent, and multiple compensation pathways available to patients and their families.[8][9]

NYCAL Overview

The New York County Asbestos Litigation (NYCAL) unit of New York City's state trial court has consistently been one of the most active asbestos courts nationally. NYCAL was created by the New York Supreme Court to handle all asbestos cases filed in the five boroughs of New York City. As of July 2023, asbestos litigation filings in New York increased more than 30% year over year, and New York City courts served as the third most popular jurisdiction for asbestos litigation nationally, behind only Madison and St. Clair counties in Illinois.[3][8]

NYCAL has earned a reputation for plaintiff-favorable outcomes. Between 2014 and 2016, more than one of every six asbestos verdicts nationwide was issued in NYCAL, with 83% of those verdicts favoring plaintiffs. Consolidated trial verdicts in NYCAL are 315% higher than the national average, and the median award exceeds 1.8 times that of chemical and pharmaceutical torts in New York City. Talcum powder filings now make up nearly 20% of all asbestos-related lawsuits filed in New York.[3]

Notable Verdicts

Verdict Amount Date Details
$117 million May 2025 Record-breaking NYCAL verdict including $40 million for past pain and suffering, $38 million for future pain and suffering, plus $20 million and $19 million for spousal loss of consortium[4]
$28.5 million Prior NYCAL Lung cancer verdict for a steamfitter exposed at multiple worksites including the World Trade Center, upheld on appeal by the New York Supreme Court[40]
$600,000 August 2024 Verdict for a mechanic who developed mesothelioma from occupational asbestos exposure through automotive brake and clutch work[41]

Statute of Limitations

New York's statute of limitations for asbestos-related claims is governed by CPLR 214-c, which applies specifically to actions arising from the latent effects of toxic exposure:[14][42]

  • Personal injury: 3 years from the date of discovery of the injury, or when through reasonable diligence it should have been discovered[14]
  • Wrongful death: 2 years from the date of death[42]
  • The discovery rule means the statute clock begins when a plaintiff discovers their injury from asbestos exposure, typically the date of mesothelioma diagnosis, not the date of initial exposure[14]
  • The discovery rule of CPLR 214-c cannot extend the two-year wrongful death statute, which runs strictly from the date of death[42]

For detailed filing deadlines across all 50 states, see the Mesothelioma_Statute_of_Limitations_Reference.

Workers' Compensation and Third-Party Lawsuits

Under New York law, individuals can pursue both workers' compensation benefits and third-party personal injury lawsuits for asbestos exposure. The workers' compensation exclusive remedy doctrine bars suing the employer directly, but does not bar lawsuits against third parties such as asbestos product manufacturers, distributors, or contractors. Workers must notify their employer about an asbestos-related injury within 30 days under New York law.[43][44][45]


Where Can Patients Get Treatment in New York?

New York is home to several of the nation's premier mesothelioma treatment centers, offering surgical innovation, cutting-edge clinical trials, and comprehensive multidisciplinary care. Patients diagnosed with mesothelioma in New York have access to treatment infrastructure that is among the best in the world.[46][47]

Mount Sinai: Irving J. Selikoff Center

Mount Sinai holds a foundational place in mesothelioma research. Dr. Irving J. Selikoff, a physician-scientist at Mount Sinai, published landmark studies in the 1960s and 1970s establishing the link between asbestos exposure and mesothelioma, asbestosis, and lung cancer. His work led directly to modern OSHA guidelines regulating asbestos, and he became the country's leading authority on asbestos-related diseases. After his death in 1992, the division was renamed the Irving J. Selikoff Center for Occupational and Environmental Medicine. The Selikoff Centers for Occupational Health have been national and international leaders in treating occupationally caused diseases, with research connecting asbestos exposure and cancer spanning over 60 years.[5][48]

The New York Mesothelioma Program at Mount Sinai, led by Dr. Andrea Wolf, provides comprehensive multidisciplinary care including surgery, medical oncology, radiation oncology, and clinical trials. In February 2026, Mount Sinai published a study in The Annals of Thoracic Surgery demonstrating zero in-hospital and 30-day mortality for pleurectomy/decortication (lung-sparing surgery) in carefully selected mesothelioma patients, with a 90-day mortality rate of 4.2%, substantially lower than rates reported in the controversial MARS2 trial. Mount Sinai is also a clinical center for the WTC Health Program, treating patients with 9/11-related mesothelioma.[15][5]

Memorial Sloan Kettering Cancer Center

Memorial Sloan Kettering Cancer Center (MSK) is a leading mesothelioma treatment and research institution, with one of the most extensive mesothelioma clinical trial programs in the world. MSK's most celebrated trial involves mesothelin-targeted CAR T-cell therapy (NCT04577326), a phase I dose-escalation study that genetically modifies a patient's own T-cells to target mesothelioma cells. Additional active trials include immunotherapy combinations with nivolumab and ipilimumab, pembrolizumab with intensity-modulated pleural radiation therapy, galinpepimut-S vaccine combined with nivolumab, and ADI-PEG 20 combined with standard chemotherapy.[6][49]

For more information on treatment options, see Mesothelioma_Treatment_Centers.

Roswell Park Comprehensive Cancer Center (Buffalo)

Roswell Park, an NCI-designated cancer center affiliated with the University of Buffalo Jacobs School of Medicine, offers specialized mesothelioma treatment including pleurectomy/decortication, extrapleural pneumonectomy, photodynamic therapy which was pioneered at Roswell Park, and cytoreductive surgery with hyperthermic intraperitoneal chemoperfusion (CS/HIPEC). Roswell Park is the only center in New York State offering CS/HIPEC, with approximately 70% five-year survival in selected peritoneal mesothelioma patients. The center also conducts clinical trials using photodynamic therapy for mesothelioma treatment.[7][50]


What Compensation Options Exist for New York Residents?

New York mesothelioma patients and their families have access to multiple compensation pathways, many of which can be pursued simultaneously.[8][9]

Personal Injury Lawsuits

New York mesothelioma patients can file personal injury lawsuits through NYCAL or other New York venues within 3 years of diagnosis. Claims are filed against asbestos product manufacturers, distributors, or contractors, not against employers directly. Given NYCAL's plaintiff-favorable track record, with verdicts averaging 315% above the national average, New York is considered one of the most advantageous jurisdictions in the country for mesothelioma litigation.[8][3]

Asbestos Bankruptcy Trust Funds

Multiple bankruptcy trusts are commonly filed by New York claimants, including those established by Johns-Manville, Owens Corning, W.R. Grace, USG, and others. Trust fund claims require documentation proving when, where, and how asbestos exposure occurred. Over $30 billion remains available across more than 60 active asbestos trust funds.[51][52]

Workers' Compensation

The New York Workers' Compensation Board processes mesothelioma claims, with a 30-day employer notification requirement. Workers can pursue both workers' compensation and third-party lawsuits simultaneously; these are not mutually exclusive under New York law.[43][44]

World Trade Center Victim Compensation Fund

The James Zadroga 9/11 Health and Compensation Act provides medical monitoring and treatment through the WTC Health Program, along with compensation through the Victim Compensation Fund (VCF) for individuals diagnosed with WTC-related conditions including mesothelioma. As of March 2024, the program had 132,530 enrolled members spanning both the responder and survivor populations.[12][8]

VA Benefits

New York veterans exposed to asbestos during military service, particularly at the Brooklyn_Navy_Yard, Fort Hamilton, or other military installations, may be eligible for VA disability benefits. The Brooklyn Navy Yard alone exposed an estimated 70,000 workers during World War II, many of whom were active military personnel. See Veterans_Benefits for detailed information on VA compensation for asbestos-related diseases.[10][53]


What About Secondary and Environmental Exposure?

Beyond direct occupational settings, New York residents face ongoing asbestos exposure risks from secondary (take-home) contamination and the state's enormous inventory of aging buildings.[30][21]

Take-Home Exposure

Documented cases of family members developing mesothelioma from workers' contaminated clothing have been identified across multiple New York industries. Brooklyn_Navy_Yard workers, Eastman Kodak employees, and Grumman Aerospace workers all posed secondary exposure risks to their household members. Studies have demonstrated that household and neighborhood asbestos exposure carries a mesothelioma risk with fiber-type potency similar to occupational settings. Spouses who laundered asbestos-contaminated work clothing and children who were present during laundering or who came into contact with contaminated garments have developed mesothelioma decades after their indirect exposure.[31][33][30]

Building Demolition and Renovation Risks

New York City and Upstate demolition and renovation regulations enforced by the NYC Department of Environmental Protection and the NYSDOL require asbestos surveys and proper abatement procedures. Under ICR 56, buildings with original construction before 1974 are presumed to potentially contain asbestos, and all materials are presumed to contain asbestos under OSHA guidelines if the building predates 1980.[35][13]

New York City's pre-1980 building stock is extensive, encompassing the vast majority of residential, commercial, and industrial structures throughout the five boroughs. Every building renovation, demolition, or major repair project on these structures triggers mandatory asbestos surveying and, in many cases, abatement requirements. The ongoing renovation cycle in one of the world's most densely built cities ensures that asbestos exposure from building materials remains an active public health concern for construction workers, building maintenance personnel, and nearby residents for decades to come.[21][2]

For more information on occupational exposure categories, see the Occupational_Exposure_Index.


Frequently Asked Questions

How many mesothelioma cases occur in New York each year?

New York recorded approximately 4,191 total mesothelioma cases between 1999 and 2019, averaging roughly 200 cases per year. The state's age-adjusted incidence rate is 0.86 per 100,000 total population based on SEER 21 registry data from 2013 to 2017. This places New York third nationally in total case count, tied with Pennsylvania.[1][17]

What is NYCAL and why is it important for mesothelioma patients?

NYCAL, the New York County Asbestos Litigation docket, is the dedicated court system created by the New York Supreme Court to handle all asbestos cases filed in the five boroughs of New York City. NYCAL is significant because consolidated trial verdicts there average 315% higher than the national average, and 83% of verdicts between 2014 and 2016 favored plaintiffs. It is one of the most favorable jurisdictions in the country for mesothelioma patients seeking compensation.[3][8]

Can September 11 first responders develop mesothelioma from WTC dust?

Yes. The WTC Health Program has recognized mesothelioma as a WTC-related health condition, with a minimum latency period of 11 years from exposure. Four confirmed mesothelioma cases have been documented in the WTC community survivor population, all with no alternative asbestos exposure source identified. As of 2026, the United States is 25 years past September 11, placing the WTC-exposed population within the primary latency window for mesothelioma development.[33][12]

What is the statute of limitations for mesothelioma in New York?

New York allows 3 years from the date of discovery of a mesothelioma diagnosis to file a personal injury lawsuit under CPLR 214-c. For wrongful death claims, the statute is 2 years from the date of death. The discovery rule means the clock begins at diagnosis, not at the time of original asbestos exposure. Filing promptly after diagnosis is critical to preserving legal rights. For a full state-by-state comparison, see Mesothelioma_Statute_of_Limitations_Reference.[14][42]

Where can mesothelioma patients receive treatment in New York?

New York offers world-class mesothelioma treatment at multiple institutions. Mount Sinai's Selikoff Center provides comprehensive multidisciplinary care and was the first institution to establish the asbestos-mesothelioma link. Memorial Sloan Kettering Cancer Center conducts pioneering CAR T-cell therapy trials targeting mesothelioma. Roswell Park Comprehensive Cancer Center in Buffalo is the only facility in the state offering CS/HIPEC for peritoneal mesothelioma. See Mesothelioma_Treatment_Centers for additional options.[5][6][7]

Can family members of asbestos workers file mesothelioma claims?

Yes. Secondary or take-home asbestos exposure is a well-documented cause of mesothelioma. Family members of Brooklyn Navy Yard workers, Eastman Kodak employees, and other New York industrial workers have developed mesothelioma from laundering contaminated work clothing or living in proximity to asbestos-covered workers. Studies show that household exposure carries mesothelioma risk with fiber-type potency similar to occupational settings. Family members may file personal injury or wrongful death claims related to secondary exposure.[30][31]

What asbestos trust funds apply to New York workers?

Multiple asbestos bankruptcy trust funds are commonly filed by New York claimants, including trusts established by Johns-Manville, Owens Corning, W.R. Grace, and USG, among more than 60 active trusts. Trust fund claims require documentation of when, where, and how asbestos exposure occurred. These claims can be pursued in addition to personal injury lawsuits and workers' compensation benefits.[51][52]

Does New York require asbestos surveys before building renovation?

Yes. Under Industrial Code Rule 56 (12 NYCRR Part 56), New York requires asbestos surveys before any building demolition, renovation, remodel, or repair work. Buildings constructed before January 1, 1974, are presumed to potentially contain asbestos. If the survey identifies asbestos-containing materials that would be disturbed by work, all asbestos must be removed before other trades can proceed. Failure to comply can result in stop-work orders and penalties.[13][36]



⚠ Statute of Limitations Warning: Filing deadlines vary by state from 1-6 years from diagnosis. Texas allows 2 years from diagnosis or discovery. Contact an attorney immediately to preserve your rights.

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References

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Incidence of Malignant Mesothelioma, U.S. Cancer Statistics, Centers for Disease Control and Prevention
  2. 2.0 2.1 2.2 2.3 2.4 2.5 Asbestos Exposure Lawyers, Danziger & De Llano
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 New York County Asbestos Litigation at a Tipping Point, Institute for Legal Reform, U.S. Chamber of Commerce
  4. 4.0 4.1 4.2 4.3 Mesothelioma Verdicts & Settlements, Danziger & De Llano
  5. 5.0 5.1 5.2 5.3 Mesothelioma Treatment, Mount Sinai Health System
  6. 6.0 6.1 6.2 Mesothelioma Clinical Trials & Research, Memorial Sloan Kettering Cancer Center
  7. 7.0 7.1 7.2 7.3 7.4 7.5 7.6 Roswell Park Comprehensive Cancer Center, Mesothelioma.net
  8. 10.0 10.1 10.2 10.3 10.4 Shipyard Workers & Asbestos Exposure, Danziger & De Llano
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  10. 12.0 12.1 12.2 12.3 12.4 12.5 Program Statistics, World Trade Center Health Program, Centers for Disease Control and Prevention
  11. 13.0 13.1 13.2 13.3 13.4 Industrial Code Rule 56 — Asbestos, New York State Department of Labor
  12. 14.0 14.1 14.2 14.3 14.4 14.5 Mesothelioma Statute of Limitations, Danziger & De Llano
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  16. 18.0 18.1 Asbestos Information, New York City Housing Authority
  17. 19.0 19.1 19.2 12 NYCRR 56-3.1 — Licensing Requirements, Legal Information Institute, Cornell Law School
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  21. 23.0 23.1 Navy Shipyard Workers & Asbestos, Mesothelioma.net
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  25. NYCHA Reclaim Report, NYC Department of Investigation, March 2026
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  27. 29.0 29.1 Asbestos Exposure Products & Companies, Mesothelioma.net
  28. 30.0 30.1 30.2 30.3 Secondary Asbestos Exposure, Danziger & De Llano
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  35. New York Labor Law §902 — Licensing and Certification Requirements for Asbestos Handling, New York State Senate
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  37. 12 NYCRR 56-3.4 — Notice and Record-Keeping, Legal Information Institute, Cornell Law School
  38. Mesothelioma Verdicts & Settlements, Mesothelioma Lawyer Center
  39. New York Jury Awards $600,000 in Mechanic's Mesothelioma Case, JD Supra
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  41. 43.0 43.1 Workers' Compensation for Mesothelioma, Mesothelioma Lawyer Center
  42. 44.0 44.1 Workers' Compensation & Mesothelioma, Mesothelioma.net
  43. Employer Liability for Asbestos Exposure, AllLaw / Nolo
  44. Mesothelioma Treatment Options, Danziger & De Llano
  45. Mesothelioma Treatment Options, Mesothelioma.net
  46. Mount Sinai Selikoff Centers for Occupational Health, Mount Sinai Health System
  47. NCT04577326 — Mesothelin-targeted CAR T-cell Therapy, ClinicalTrials.gov, National Library of Medicine
  48. Mesothelioma Treatment, Roswell Park Comprehensive Cancer Center
  49. 51.0 51.1 Asbestos Trust Funds, Danziger & De Llano
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  51. Veterans & Mesothelioma, Mesothelioma.net

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