Beryllium Exposure, Health Effects & Compensation

Learn about beryllium health risks and how to get compensated for beryllium-related illnesses.

Beryllium is a type of metal that is strong, lightweight, brittle, and steel gray in color. It can be found in oil, coal, some rock minerals, volcanic dust, and soil. Breathing high levels of beryllium dust and particles can cause cancer, chronic beryllium disease (CBD), and other health problems. Exposure to beryllium usually occurs in workers in certain industries or in people who live or work near factories or plants that emit beryllium dust.

In recent years, an increasing number of legal claims have been filed alleging that people have died or suffered serious health problems due to beryllium exposure. This article discusses how people can be exposed to beryllium, the health risks linked to beryllium, and the various ways people can get compensated for illnesses caused by beryllium. (To learn about lawsuits arising from other chemicals or drugs, see Nolo's article Toxic Torts Overview.)

Beryllium and Where it is Found

Beryllium is an effective hardening agent in metal alloys like beryllium copper. Because it is lightweight, strong, and flexible, beryllium and beryllium compounds are used alone or in combination with other metals in many industries, including:

• defense and aerospace industries (to make high-speed aircraft, missiles, space vehicles, and satellites)
• metal working
• ceramic manufacturing (semi-conductor chips, ignition modules, crucibles, jet engine blades, rocket covers)
• electronics
• atomic energy industry
• laboratory work (research and development, metallurgy, chemistry)
• extracting ore and scrap metal
• manufacturing dental devices such as alloys, crowns, and bridges

Prior to 1951, beryllium was used to make fluorescent lights, but that practice was discontinued after many workers got sick from beryllium exposure.

Government Standards for Beryllium Exposure Levels

Because of the known health problems associated with beryllium exposure and its use in many industries, government agencies have adopted beryllium release standards. The Environmental Protection Agency (EPA) restricts the amount of beryllium that industries may release into the outside air, and the Occupational Safety and Health Administration (OSHA) restricts the amount of beryllium that may be released into workplace air.

One independent organization of experts, the American Conference of Governmental Industrial Hygienists (ACGIH), believes that current OSHA standards are not safe and recommends minimum release levels that are much lower than OSHA's numbers. The ACGIH urges employers and employees to minimize the use of beryllium and to take proactive steps to reduce workplace exposure. Get more information from the ACGIH's website at www.acgih.org/home.htm.

Health Problems Caused by Beryllium

Inhalation of beryllium at higher than normal levels can cause a number of health problems.

• Cancer. Beryllium and beryllium compounds are carcinogens (agents that are known to cause cancer). Long-term beryllium exposure, in particular, increases the risk of developing lung cancer.
• Acute Beryllium Disease. This disease resembles pneumonia and is caused by exposure to very high levels of beryllium over a short period of time. Due to government standards restricting the amount of beryllium that can be released into the air, nowadays this disease is rare.
• Chronic Beryllium Disease (CBD). Today, CBD is the most common health problem associated with beryllium exposure. CBD can develop in individuals with a sensitivity to beryllium (about 1-15% of the population) who have been exposed to higher than normal levels of beryllium for many years. CBD can cause fatigue, weakness, night sweats, difficulty in breathing, and a persistent dry cough. It can result in anorexia and weight loss, and may also lead to right-side heart enlargement and heart disease in advanced cases. CBD is treatable (but not curable) with medicine. If left untreated, it can be fatal.
• Skin rashes and ulcers. Contact between beryllium and skin that has been scraped or cut can cause rashes, ulcers, or bumps under the skin.

People who have suffered health problems due to beryllium exposure have several options in seeking compensation for their injuries. In some cases, workers may also be able to get free medical screening or monitoring for beryllium-related diseases.

Worker's Compensation

Individuals that get sick from beryllium exposure at the workplace may be eligible for worker's compensation benefits. These benefits cover medical expenses, lost wages, and may also include a lump-sum amount. Usually, if you get worker's compensation benefits you give up your right to sue your employer for more money. To learn more about worker's compensation benefits, see Nolo's Your Right to Workers' Comp Benefits FAQ.

The Energy Employees' Occupational Illness Compensation Act

Congress established this program in 2000 to provide benefits to employees and former employees of the Department of Energy who were exposed to beryllium or radiation while working at nuclear weapons sites. Employees of certain subcontractors and contractors of the Department of Energy are also covered, including "beryllium vendors."

The program, administered by the Department of Labor (DOL), provides lump-sum and health benefits to eligible workers and, in some cases, to the survivors of deceased workers. The program also covers the costs of medical monitoring for beryllium sensitivity. To learn more about the program, visit the DOL's website at www.dol.gov (click on "Workers Compensation" and then "Energy Employees' Illness Compensation Program").

Legal Claims

People who have gotten sick from beryllium exposure can bring a lawsuit to recover for medical expenses, lost wages, and other compensation. Who to sue and the causes of action that are available depend on how the plaintiff (the person bringing the suit) was exposed to beryllium. A single individual may bring a lawsuit, or a group of individuals with similar claims (perhaps a group of workers or residents of a town) may band together and bring a class action lawsuit. Different types of beryllium exposure lawsuits include:

• Lawsuits on Behalf of Sick Workers. Employees exposed to beryllium may be able to sue their employer, the manufacturer of safety equipment that failed to protect them from beryllium exposure, and the manufacturer or distributor of materials containing beryllium. Generally, plaintiffs sue everyone and anyone remotely related to the exposure. (To learn more about potential defendants in a toxic tort case, see Nolo's article Toxic Torts Overview.) The specific elements that a plaintiff must prove in a beryllium toxic tort case vary depending on the legal theories employed. Possible claims include: negligence, strict liability, and fraud. (To learn about common legal theories used in toxic tort litigation, see Nolo's article Toxic Torts: Legal Theories of Liability.)
• Lawsuits on Behalf of Exposed Workers. At least one class action lawsuit has been filed on behalf of workers who have been exposed to beryllium on the job but have not yet become sick. The class of beryllium-exposed workers in this suit is seeking free medical screening and medical monitoring, so they can learn whether they have developed beryllium sensitivity or other health conditions that could affect them later on.
• Lawsuits on Behalf of the General Public. When people are exposed to beryllium in non-workplace situations for example, when beryllium dust is released into the air by a nearby factory their only recourse is to bring a lawsuit, usually against the facility that is emitting the harmful dust. Causes of action in these cases might include negligence, strict liability, or intentional misrepresentation.

Getting Help

Legal claims involving beryllium exposure are usually not the kind of lawsuits in which you can represent yourself effectively. The legal and scientific issues in such cases are often complex and sophisticated. Depending on your case, you may wish to retain the services of a lawyer who specializes in beryllium litigation.

You may also want to consult with a lawyer to find out if there is an existing beryllium class action lawsuit that you could join. (If there is an existing class action, consider contacting the lawyers for the class directly; they will likely be very interested in talking with you.) Such initial consultations are usually free of charge.

For help in choosing a good personal injury attorney, read Nolo's article Finding a Personal Injury Lawyer. Go to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to find out about the lawyer's experience, if any, with toxic tort litigation or beryllium exposure).