If your family is dealing with a mesothelioma diagnosis tied to work in an Indiana steel mill, refinery, power plant, chemical facility, or Navy installation, you likely have several claim paths available at once. These typically include lawsuits against the manufacturers and suppliers of the asbestos products your loved one worked around, claims against premises owners that allowed exposure to occur, claims against the asbestos bankruptcy trusts, and federal benefits for veterans and federal civilian employees.
Indiana generally gives a diagnosed worker two years to file, counted from when the disease and its cause were discovered, not from the exposure decades ago. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. If an earlier X-ray, CT scan or screening showed asbestos-related scarring, an Indiana court may count the two years from that earlier finding, so call us right away. Families calling after a death face a separate wrongful-death deadline: two years from the date of death. The safest step is to call as soon as possible after diagnosis.
You do not need to know the name of the asbestos product before you call. Many strong Indiana cases begin with one sentence: "Dad worked at Gary Works." We reconstruct exposure histories from worksite records, coworker testimony, product invoices, and the asbestos trusts' own lists of job sites.
You don't need the product names or old records. No fee unless we recover compensation for your family.
Quick answers
| How long do we have to file? | Generally two years from when the disease and its cause were discovered. To be safe, count from the date of diagnosis, and call sooner if an earlier X-ray or scan showed asbestos scarring. If your loved one has already passed, the wrongful-death deadline is two years from the date of death. Call now — the clock is running. |
|---|---|
| Does an old product still count if the company sold it 30 or 40 years ago? | Usually, yes. Indiana has a ten-year limit that normally protects product manufacturers, but the Indiana Supreme Court holds that it does not apply to disease from long-term asbestos exposure. |
| Does a claim always mean filing a lawsuit? | No. Many families recover entirely through asbestos trust claims and federal benefits without ever going to court. We will explain every path before you decide. |
| Who may be responsible? | The manufacturers and suppliers of the asbestos products your loved one worked around; the owners of the mills, plants, and facilities where exposure happened; and the asbestos bankruptcy trusts. |
| What compensation may be available? | Medical expenses, lost income, pain and suffering, and family losses. Indiana puts no general cap on pain-and-suffering damages in asbestos cases. |
| Do I have to come to your office? | No. We handle Indiana cases by phone, video, and home visits. You never need to travel. |
| Can an adult child or spouse call? | Yes. Most first calls come from a spouse or adult child. We are used to working with families. |
“I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos, something we did not realize until it was too late to hold anyone accountable. That experience is why we built this site: so that no other family misses their chance to ask the questions, hear the options, and decide for themselves what to do.”
Was the exposure at an Indiana steel mill, power plant, or federal facility?
Indiana's industrial profile is dominated by the Calumet steel-mill corridor at the southern tip of Lake Michigan. The asbestos trusts' published lists hold more than 3,000 Indiana entries across 301 communities, from 28 asbestos trusts, and dozens of our clients worked at Indiana job sites. These are the sites on the most trusts' lists:
| Indiana worksite | City | Trusts listing the site |
|---|---|---|
| U.S. Steel Gary Works (Carnegie-Illinois Steel) | Gary | At least 20, including Johns-Manville |
| Inland Steel Indiana Harbor Works | East Chicago | At least 17, including Johns-Manville |
| Bethlehem Steel Burns Harbor plant | Burns Harbor | At least 13, including Johns-Manville |
| Youngstown Sheet & Tube Indiana Harbor Works | East Chicago | At least 13, including Johns-Manville |
| Standard Oil (Amoco) Whiting refinery | Whiting | At least 10, including Johns-Manville |
| Sinclair refinery (later ARCO) | East Chicago | At least 10, including Johns-Manville |
| General Motors Allison Division | Indianapolis | At least 10, including Johns-Manville |
| Alcoa Warrick Operations | Newburgh | At least 10, including Johns-Manville |
Federal installations such as Naval Surface Warfare Center Crane and Grissom Air Reserve Base raise VA and FECA questions, covered below.
Check Indiana asbestos exposure sites · Search the asbestos trusts' Indiana lists
Not seeing the worksite? That does not mean your family has no claim. Many successful Indiana claims are built from product-handling reconstruction, coworker information, historical invoices, trust documents, and records from similar facilities in the Calumet corridor, the Indianapolis manufacturing belt, and the Ohio River industrial cities.
Your legal options after an Indiana mesothelioma diagnosis
Think of your family's case as a set of claim paths, not a single lawsuit. Many Indiana families pursue more than one; which to file, and when, depends on the family's situation, and we decide it case by case.
Asbestos trust claims
Dozens of asbestos manufacturers filed for bankruptcy and established asbestos trusts to pay future victims. These trusts hold tens of billions of dollars set aside specifically for asbestos victims. Indiana steel mill workers — especially at Inland Steel East Chicago, U.S. Steel Gary Works, and Bethlehem Steel Burns Harbor — often have claims against several trusts. Trust claims do not require filing a lawsuit and proceed under each trust's own procedures, separate from any Indiana court rules. Learn how asbestos trust claims work.
Product liability lawsuits
Many manufacturers of asbestos-containing insulation, gaskets, refractory brick, and industrial products remain solvent and can be sued in Indiana courts. The case is brought under the Indiana Product Liability Act, usually for failing to warn about the asbestos hazard; for a warning claim, the family must show the company failed to use reasonable care. Learn more about product liability lawsuits.
Premises liability lawsuits
The owners of mills, refineries, power plants, and chemical plants can sometimes be sued by people who worked there for other companies, such as outside contractors and tradesmen. Indiana limits these claims: a site owner generally is not liable to a contractor's employee for the very hazard the contractor was hired to handle, so they fit best for tradesmen exposed to other crews' asbestos work. A plant cannot be sued by its own employees; their claim against the employer runs through Indiana's occupational-disease system. Learn more about premises liability lawsuits.
Occupational-disease benefits, FECA, VA, and Social Security
A worker's claim against their own employer runs through Indiana's Occupational Diseases Act. Benefits for asbestos disease are payable only if the disability began within 3, 20 or 35 years of the last exposure, depending on when that exposure was (before July 1985, 1985 to 1988, or after mid-1988). "Disablement" means becoming unable to earn full wages at the work, which can be hard to show for someone already retired. The worker must give the employer notice as soon as practicable and file within two years of the disability; after a death, dependents have two years from the death, and death benefits generally require that the death came within two years of the disability.
Federal civilian employees at Naval Surface Warfare Center Crane, Grissom Air Reserve Base, the Indianapolis Roudebush VA Medical Center, and other federal installations may have FECA benefits. Navy, Air Force, Air Force Reserve, and Army veterans may be entitled to VA service-connected disability — the VA has no automatic presumption for asbestos diseases, but it treats in-service asbestos exposure as likely for many Navy ratings; a claim still needs a diagnosis and a doctor's opinion linking the disease to service. Social Security disability is available only to claimants under full retirement age. Learn more about asbestos disability claims.
Can we choose not to sue?
Yes. Some Indiana families decide to pursue only trust claims and federal benefits, and skip the court case entirely. That is a legitimate path, and for some families it is the right one — especially where a loved one is very sick and the family does not want the time and energy a lawsuit requires. We will explain every option, and we will not pressure you into a court case you do not want.
Uncomfortable with the idea of a lawsuit? So was Clarence Borel. He spent 33 years as an insulator on the Gulf Coast and didn't believe in suing anyone — until he realized his coworkers would die the same way he was dying. His 1969 lawsuit helped establish the product-liability law that protects families today, and the cases that followed it eventually led to the bankruptcy trusts that pay claims now. Read his story.
How long do I have to file an Indiana mesothelioma claim?
Indiana generally gives a diagnosed worker two years to file a product-liability case, counted from when the disease and its cause were discovered. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. If an earlier X-ray, CT scan or screening showed asbestos-related scarring, an Indiana court may count the two years from that earlier finding, so call us right away.
For families calling after a death, the wrongful-death deadline is two years from the date of death. Indiana's wrongful-death statute also allows the claim only if your loved one "might have maintained an action had he or she ... lived."
Old products are not shut out by Indiana's ten-year limit. Indiana has a general ten-year deadline that normally protects product manufacturers from being sued more than ten years after a product was first delivered. The Indiana Supreme Court holds that this limit does not apply to disease caused by long-term exposure to asbestos, so decades-old exposures are not barred by it. The two-year deadline still applies.
Call 833-4-ASBESTOS to start the conversation.
Legal detail: Indiana filing deadlines
Statute of limitations. Ind. Code § 34-20-3-1(b): a product liability action must be commenced within two years after the cause of action accrues or within ten years after delivery of the product to the initial user. An asbestos claim accrues when "a physician who is reasonably experienced at making such diagnoses could have diagnosed" an asbestos-related illness (AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003)), and the plaintiff may sue "within two years after discovering a disease and its cause" (Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989)). The general personal-injury period is also two years (Ind. Code § 34-11-2-4(a)).
Ten-year statute of repose and the voided asbestos statute. Ind. Code § 34-20-3-2 (1998) set a separate asbestos rule but applied only to those who mined and sold raw asbestos (Ott). The Indiana Supreme Court held the whole section void in Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016), and restored Covalt: the repose in § 34-20-3-1 "does not apply to cases involving protracted exposure to an inherently dangerous foreign substance."
Other deadlines. Wrongful death: two years, brought by the personal representative, and only "if the former might have maintained an action had he or she ... lived" (Ind. Code § 34-23-1-1). Tort claims require notice within 270 days against the state (§ 34-13-3-6) and within 180 days against a political subdivision (§ 34-13-3-8). Occupational-disease benefits: notice to the employer as soon as practicable and a claim within two years of disablement (§ 22-3-7-32).
Who can be sued in an Indiana asbestos case?
Indiana asbestos cases typically involve several kinds of defendants.
Product manufacturers and suppliers
The companies that made and sold the asbestos-containing insulation, gaskets, refractory brick, joint compound, cement pipe, packing, and industrial products. Many remain solvent and can be sued in Indiana courts under the Indiana Product Liability Act.
Premises owners and site operators
The mills, refineries, power plants, and chemical plants where asbestos was used. These claims are usually for people employed there by other companies, such as outside contractors and tradesmen. Indiana generally does not hold a site owner liable to a contractor's employee for the hazard the contractor was hired to handle, or where the owner knew no more about the danger than the contractor did. A plant's own employees cannot sue it (see Employers below).
Asbestos bankruptcy trusts
Dozens of asbestos manufacturers filed for bankruptcy and established trusts to pay future victims. The trusts' lists for Indiana come from 28 asbestos trusts. U.S. Steel Gary Works is on the lists of at least 20 trusts, including Johns-Manville, and Inland Steel's Indiana Harbor Works on at least 17.
Employers
Indiana workers generally cannot sue their own employer for an asbestos disease. Indiana's Occupational Diseases Act makes its benefits the worker's only remedy against the employer, even where the employer acted intentionally. The Act does not protect other companies: the makers and sellers of the asbestos products, and the owners of sites where the worker was employed by someone else. Most Indiana asbestos cases are claims against those companies.
Legal detail: Indiana product liability, premises liability, and workers' compensation
Indiana Product Liability Act (IPLA). Ind. Code § 34-20-1-1: the Act governs all actions by a user or consumer against a manufacturer or seller for physical harm caused by a product, "regardless of the substantive legal theory." For design and warning claims the plaintiff must show the manufacturer or seller "failed to exercise reasonable care" (negligence, § 34-20-2-2). Strict liability runs only against the manufacturer of the product or the defective part (§ 34-20-2-3); a seller is treated as the manufacturer when no court can hold jurisdiction over the manufacturer (§ 34-20-2-4). Defenses: knowing use of a known danger (§ 34-20-6-3), misuse (§ 34-20-6-4), and a rebuttable presumption of no defect for products that met the state of the art or government standards (§ 34-20-5-1).
Causation. The family must prove that each defendant's product helped cause the disease.
Successor companies. A company that took on asbestos liability through a merger completed before January 1, 1972, and did not continue the asbestos business, may be able to cap that liability at the merged company's asset value at the time of the merger (Ind. Code §§ 34-31-8-3, 34-31-8-7, 34-31-8-8, for suits filed after June 30, 2009).
Premises liability. Indiana uses the invitee, licensee and trespasser categories (Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991)). A landowner ordinarily has no liability to an independent contractor or its employees for injuries from the condition the contractor was hired to address, or where it had no superior knowledge (PSI Energy, Inc. v. Roberts, 829 N.E.2d 943 (Ind. 2005)). Claims by other trades exposed at plants have survived summary judgment (Myers v. Bremen Casting, Inc., 61 N.E.3d 1205 (Ind. Ct. App. 2016)).
Occupational Diseases Act. Exclusive remedy against the employer (Ind. Code § 22-3-7-6; Bunker v. National Gypsum Co., 441 N.E.2d 8 (Ind. 1982)). Unlike the accident act, it has no intentional-tort exception: "the Occupational Diseases Act bars intentional tort actions" (Baker v. Westinghouse Elec. Corp., 637 N.E.2d 1271 (Ind. 1994)). Benefits for asbestos disease are payable only if disablement occurs within 3 years after the last exposure (last exposure before July 1, 1985), 20 years (July 1, 1985 to June 30, 1988) or 35 years (after June 30, 1988) (§ 22-3-7-9(f)). Suits against other companies are preserved; the employer is repaid from the recovery, holds a lien once benefits are accepted, and no settlement with another company is valid without the written consent of both the employer (or its insurer) and the worker, unless the employer is fully indemnified or protected by court order (§ 22-3-7-36). "Disablement" means becoming disabled from earning full wages at the work (§ 22-3-7-9(e)); dependents' death claims are due within two years after the death (§ 22-3-7-32(d)), and death benefits generally require death within two years after disablement (§ 22-3-7-9(g)).
What compensation can an Indiana mesothelioma case recover?
Indiana asbestos cases can involve recovery from several sources: civil damages from manufacturers and premises owners, payments from asbestos bankruptcy trusts, and federal benefits.
Personal-injury compensation
For the diagnosed worker, Indiana asbestos cases may recover:
- Past and future medical expenses
- Past and future lost income and lost earning capacity
- Pain, suffering, and disability — Indiana places no general cap on pain-and-suffering damages
- Mental anguish and hedonic damages (loss of enjoyment of life)
- Punitive damages, where clear and convincing evidence shows willful and wanton conduct. Indiana caps punitive damages, sends 75% of any award to a state fund, and does not allow them in a wrongful-death case.
Indiana lets the jury hear about some payments from other sources. Life insurance and death benefits, insurance your family paid for directly, and government payments are kept out.
Wrongful-death compensation
If a worker has already passed away, the claim is brought by the estate's personal representative under Indiana's wrongful-death statute. When the worker leaves a spouse, dependent children, or dependent next of kin, the general wrongful-death statute has no damages cap: recovery includes medical, hospital, funeral, and burial expenses and lost earnings, and the rest goes to the spouse and dependents. Indiana does not allow punitive damages in a wrongful-death case.
If mesothelioma itself causes the death, the family's claim is the wrongful-death claim; the worker's own claim for pain and suffering does not carry on. Indiana keeps a worker's own injury claim alive after death only when the death came from another cause.
The $300,000 limit is narrow. When the person who died was an unmarried adult with no dependents, a separate statute lets the estate recover medical, funeral, and burial expenses, and lets a nondependent parent or child recover for the loss of love and companionship, capped at $300,000. Lost earnings, grief, and punitive damages are not recoverable under that statute. For the typical case with a surviving spouse, the cap does not apply. Call us and we will walk you through which rules apply to your family.
Legal detail: Indiana damages and wrongful death
No general cap on noneconomic damages in personal-injury actions. The medical-malpractice cap (Ind. Code § 34-18-14-3, $1.8 million) applies only to medical malpractice.
Collateral source. Ind. Code § 34-44-1-2: collateral-source payments are admissible except life insurance and other death benefits, insurance benefits the plaintiff or family paid for directly, and payments by the state or the United States; what the plaintiff must repay, including workers' compensation, is also admissible.
Punitive damages. Willful and wanton misconduct (Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135 (Ind. 1988)), proved by clear and convincing evidence (Ind. Code § 34-51-3-2). Capped at the greater of three times compensatory damages or $50,000 (§ 34-51-3-4); the jury is not told of the cap or the allocation (§ 34-51-3-3). The clerk pays 25% to the person awarded and 75% to the state's violent crime victims compensation fund (§ 34-51-3-6). Not recoverable in a wrongful-death action (Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001)) or against governmental entities under the Indiana Tort Claims Act.
General Wrongful Death Act. Ind. Code § 34-23-1-1: brought by the personal representative within two years; damages "including, but not limited to" medical, hospital, funeral and burial expenses and lost earnings; the remainder goes to the widow or widower, dependent children or dependent next of kin. No statutory cap.
Adult Wrongful Death Statute. Ind. Code § 34-23-1-2: an "adult person" is an unmarried individual with no dependents (or a married individual with no dependents whose death the spouse caused). Damages may include expenses and the loss of love and companionship but not grief or punitive damages (§ 34-23-1-2(c)); love-and-companionship damages are capped at $300,000 (§ 34-23-1-2(e)) and go to a nondependent parent or child; lost earnings are not admissible (§ 34-23-1-2(g)).
Child Wrongful Death Statute. Ind. Code § 34-23-2-1. No statutory cap.
Survival. Personal-injury claims survive only as the survival chapter provides (Ind. Code § 34-9-3-1(a)(6)). Section 34-9-3-4 applies when the injured person dies "from causes other than those personal injuries" and lets the personal representative recover the pre-death damages for the estate.
What evidence do we need to prove an Indiana asbestos case?
You do not need to gather everything before calling. We build the evidence file together with you, often starting from a single worksite name.
| Evidence | Why it helps | What if you do not have it? |
|---|---|---|
| Employment history (where, when, what job titles) | Connects your loved one to specific Indiana worksites in our database | We can often reconstruct this from Social Security earnings records, union records, and pension files |
| Diagnosis records (pathology report, treating physician) | Confirms mesothelioma and the type (pleural, peritoneal, etc.) | Your treating physician can release records with a signed authorization |
| Military records (DD-214) for Navy, Air Force, and Army veterans | Opens VA service-connected disability and supports Navy shipyard / NSWC Crane exposure proof | We can help request a DD-214 from the National Archives |
| Names of products or brands your loved one remembers | Speeds product identification for trust claims | Most clients do not remember product names — we reconstruct from worksite, era, and job |
| Coworker names and contact info | Coworker testimony is powerful evidence in Indiana asbestos cases | Helpful but not required — many cases are built without it |
| Take-home exposure detail (a wife who washed work clothes; children who hugged a dusty father) | Supports family-member claims | We ask about this in the first call |
Indiana's industrial heritage — the Calumet steel mills and refineries, the Indianapolis manufacturing belt, the Ohio River power stations, the federal facilities at Crane and Bunker Hill — means our research often holds the worksite documentation before you make the call.
How does Indiana divide responsibility when many asbestos companies were involved?
Mesothelioma is almost always caused by exposure to multiple companies' products over many years. Indiana divides responsibility according to each company's share of the fault.
A few Indiana features matter to your family:
- Indiana applies modified comparative fault. If a jury found the worker more than 50% at fault, recovery would be barred; otherwise it is reduced by the worker's share. A worker who knew of a danger and took the risk anyway can be assigned fault, and in a product case knowingly using a product with a known danger is a defense.
- Each defendant generally pays only its own share. No defendant pays another company's share of the fault.
- Defendants can blame companies that are not in the case. The jury may assign fault to "nonparties", including bankrupt asbestos manufacturers, and no defendant pays that share. Trust claims against bankrupt companies are separate and do not make up the difference, which is one reason we identify every responsible company early.
Legal detail: comparative fault, several liability, and nonparties
Indiana Comparative Fault Act. Ind. Code §§ 34-51-2-5, 34-51-2-6: the claimant's fault reduces damages and bars recovery if it is greater than the fault of all persons whose fault proximately contributed. The Act's "fault" includes incurred risk and unreasonable assumption of risk (Heck v. Robey, 659 N.E.2d 498 (Ind. 1995)). Product cases use the same comparison (§ 34-20-8-1). The Act does not apply to claims against governmental entities (§ 34-51-2-2).
Several liability and nonparties. The jury assigns percentages of fault to the claimant, each defendant and any nonparty, and each defendant's verdict is its percentage of the damages (§§ 34-51-2-7, 34-51-2-8); there is no contribution among defendants (§ 34-51-2-12). A defendant must plead and prove a nonparty defense (§§ 34-51-2-14 to 34-51-2-16); a nonparty is a person who caused or contributed to the injury but was not joined as a defendant (§ 34-6-2.1-133). In product cases the jury considers the fault of all who contributed, "regardless of whether the person was or could have been named as a party" (§ 34-20-8-1(b)).
Liens. A lien for medical expenses or other benefits is reduced in the same proportion when comparative fault reduces the recovery (§ 34-51-2-19).
How trust claims, lawsuits, and benefits can work together
Many Indiana families recover from more than one source. Which claims to file, and in what order, depends on the family's situation; we decide it case by case with our trial teams.
| Path | Who pays | What it covers |
|---|---|---|
| Asbestos bankruptcy trusts | Trust funds set aside by bankrupt manufacturers | Filed under each trust's own procedures, separate from Indiana court rules. Payment timing varies by trust. |
| Indiana civil lawsuit | Solvent product manufacturers and, for contractors' employees, site owners | Medical expenses, lost income, pain and suffering, family losses. Indiana places no general cap on pain-and-suffering damages. |
| Occupational-disease benefits | The worker's employer or its insurer | Available only if the disability began within the Act's time limits after the last exposure. The employer is repaid from a lawsuit recovery and generally must consent in writing to any settlement. |
| VA disability | U.S. Department of Veterans Affairs | Service-connected disability and survivor benefits for Navy, Air Force, Air Force Reserve, Army, and Army Reserve veterans. Available with proof of in-service asbestos exposure and a doctor's opinion linking it to service. |
| FECA | U.S. Department of Labor | Federal civilian employees at NSWC Crane, Grissom ARB, the Indianapolis Roudebush VA Medical Center, and other federal installations. FECA must be repaid from a lawsuit recovery for the same injury, and VA and FECA benefits for the same disease generally require choosing one. |
| Social Security disability | Social Security Administration | Available only to claimants under full retirement age. Workers' compensation or occupational-disease benefits can reduce it. |
These paths can affect each other. A lawsuit or trust recovery does not reduce VA disability. FECA and occupational-disease benefits must be repaid from a lawsuit recovery for the same disease, and those benefits can reduce Social Security disability. Fault the jury assigns to bankrupt companies reduces what the solvent defendants pay.
Indiana shipyard, Navy, and federal-facility exposure
Indiana hosts a distinctive cluster of federal facilities — anchored by Naval Surface Warfare Center Crane and Grissom Air Reserve Base — with several historic Army installations now closed but still relevant to veteran claims.
Naval Surface Warfare Center Crane in Crane, Indiana, founded in 1941 as Naval Ammunition Depot Burns City, is the third-largest Navy installation in the world by geographic area, in south-central Indiana. The facility specializes in special warfare weapons, expeditionary warfare systems, electronic warfare, and special munitions. Navy veterans pursue VA service-connected disability; federal civilian employees of the Navy at NSWC Crane are covered by FECA.
Grissom Air Reserve Base at Bunker Hill — originally Bunker Hill Naval Air Station (1942), then Bunker Hill AFB (1954), renamed Grissom AFB in 1968 after Indiana-born astronaut Virgil "Gus" Grissom — operated as a Strategic Air Command base across the Cold War (B-47 Stratojet, B-58 Hustler, KC-135 Stratotanker). Realigned in 1994 to Air Force Reserve; now hosts the 434th Air Refueling Wing operating KC-135 Stratotankers. Air Force and Air Force Reserve veterans may qualify for VA service-connected disability; federal civilian employees are covered by FECA.
Historic closed installations that remain relevant to veteran claims include Fort Benjamin Harrison in Indianapolis (Army installation from 1903; now closed), Jefferson Proving Ground at Madison (Army testing facility from 1941; now closed), and Newport Chemical Depot at Newport (Army chemical facility from 1941; now closed).
VA Medical Centers at Indianapolis (Roudebush), Marion, and Fort Wayne employed federal civilian workers across the asbestos era and are covered by FECA.
For detailed federal facility profiles, see our Indiana asbestos exposure sites page.
What happens after you call?
A free case review is a conversation, not a commitment to file a lawsuit.
- Initial call. Twenty to thirty minutes. We listen — work history, diagnosis, family situation. You ask whatever questions you have. The call costs nothing and creates no obligation.
- Worksite identification. We match your loved one's worksites against the asbestos trusts' Indiana lists — more than 3,000 entries from 28 trusts.
- Records gathering. With your authorization, we request medical records, employment records, military records (DD-214), and Social Security earnings records.
- Strategy meeting. We walk you through every available claim path — trust filings, civil lawsuit, federal benefits — and what we recommend.
- Engagement (only if you decide to move forward). Written engagement letter, contingency fee — no fee unless we recover for your family.
- Filing. Trust claims and the civil case are filed when the evidence is ready; the timing depends on each family's situation. The civil case is filed in Indiana state court or federal court.
- Family screening. As part of our representation, we offer free asbestos health screening to family members who may have been exposed at home. The screening is a chest X-ray read by a B-reader, with a CT scan if needed; it looks for asbestos-related changes in the lungs and isn't a diagnosis or a reliable way to find mesothelioma early.
Call 833-4-ASBESTOS to begin.
How Indiana's laws may work in practice
Ronald is a 73-year-old retired pipefitter and machinist from Gary, Indiana. From 1971 through 2008 — 37 years — he worked at U.S. Steel Gary Works. Across his career, Ronald worked across the blast furnace operations, the basic oxygen furnaces, the multiple rolling mill operations, the coke ovens, and the broader integrated steel manufacturing operations of one of the most historic American industrial facilities. His work involved daily contact with asbestos-containing materials throughout the Gary Works complex — refractory in blast furnaces, basic oxygen furnaces, and coke oven batteries; pipe and boiler insulation on high-pressure steam lines and process piping; gasket and packing maintenance on valves, pumps, condensers, and process equipment; thermal insulation throughout the mill complex; and fireproofing on furnace platforms and mill buildings.
He had no significant health complaints until late 2025, when he developed persistent abdominal pain, unexplained weight loss, and fluid accumulation in the abdomen. In February 2026, a peritoneal biopsy confirmed peritoneal mesothelioma of the sarcomatoid histological subtype — an aggressive presentation affecting the peritoneal lining of the abdomen, requiring specialized oncology evaluation.
What this means for Ronald's family. Ronald worked for U.S. Steel, so Indiana's Occupational Diseases Act bars a lawsuit against U.S. Steel itself. His case runs against the companies that made and sold the asbestos products he worked with, and against the asbestos trusts: U.S. Steel Gary Works is on the lists of at least 20 asbestos trusts, including Johns-Manville. Because his exposure continued past mid-1988, Ronald may also have an occupational-disease benefits claim, with its own deadline of two years from his disability, though as a retiree he would have to show the disease kept him from earning full wages. His civil lawsuit is filed in Lake County Superior Court, where he lived and worked. Counting from his February 2026 diagnosis, his deadline is February 2028, and Indiana's ten-year limit on product claims does not apply to disease from long-term asbestos exposure. If Ronald dies of mesothelioma during the case, it becomes a wrongful-death claim for his wife, with no damages cap, but without punitive damages and without his own pain-and-suffering damages.
His wife and adult children lived with the asbestos dust on his clothes for decades. As part of our representation, we offer free asbestos health screening to family members of every client who may have been exposed at home. If a family member is later diagnosed with an asbestos-related disease, they may have their own claims: Indiana allows a household member who washed asbestos-covered work clothes to sue the makers of the asbestos products.
Legal analysis of this hypothetical
Limitations. Under Ind. Code § 34-20-3-1 and Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989), Ronald has two years from discovering his disease and its cause; counting from the February 2026 biopsy, the firm treats February 2028 as the deadline and files well before it. If an earlier X-ray or scan had shown asbestos-related scarring, the date would be checked against AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003) (accrual when a reasonably experienced physician could have diagnosed an asbestos-related illness). The ten-year repose does not apply to his long-term exposure (Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016), restoring Covalt).
Pleading. Filed in Lake County Superior Court, where Ronald lived and worked. Claims against the manufacturers and sellers of the refractory, insulation, gasket, and packing products under the Indiana Product Liability Act for failure to warn and negligence, each requiring proof that the defendant failed to exercise reasonable care (Ind. Code § 34-20-2-2). No claim against U.S. Steel (Ind. Code § 22-3-7-6).
Comparative fault. The jury compares Ronald's fault, each defendant's, and that of any nonparty, including bankrupt manufacturers (Ind. Code §§ 34-20-8-1, 34-51-2-7, 34-51-2-8). Each defendant pays only its own percentage.
Damages. No general cap on noneconomic damages. Punitive damages require clear and convincing evidence of willful and wanton misconduct, are capped at the greater of three times compensatory damages or $50,000, and 75% goes to the state fund (Ind. Code §§ 34-51-3-2, 34-51-3-4, 34-51-3-6).
If Ronald dies. If mesothelioma causes his death, the case continues as a wrongful-death claim brought by his estate's personal representative for his wife (Ind. Code § 34-23-1-1): no statutory cap, but no punitive damages (Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001)) and no recovery of his own pain and suffering (§ 34-9-3-4 covers only a death from other causes). The $300,000 adult-person cap does not apply because he leaves a wife.
Trust filings. Claims against the trusts whose lists include Gary Works — at least 20, including Johns-Manville — under each trust's own procedures. Fault the jury assigns to those bankrupt companies is not paid by the solvent defendants.
Occupational-disease benefits. A claim against U.S. Steel under the Occupational Diseases Act is possible if his disability began within 35 years of his last exposure (Ind. Code § 22-3-7-9(f)(5)), filed within two years of the disability (§ 22-3-7-32). If he takes those benefits, U.S. Steel is repaid from the lawsuit recovery, and no settlement with the product defendants is valid without its written consent unless it is fully indemnified or protected by court order (§ 22-3-7-36). Because Ronald retired in 2008, whether his disease caused a "disablement" from earning full wages (§ 22-3-7-9(e)) is a fact the firm would have to establish.
Federal programs. At 73, Ronald is past full retirement age, so Social Security disability is not available.
This example is general. Every case depends on the diagnosis, exposure history, dates, defendants, applicable law, and available evidence.
Why families choose our firm
Our firm has recovered over $400 million for asbestos clients nationally. We work from offices in Round Rock, Mesa, Los Angeles, and Redmond, and our exposure research covers 200,000+ verified asbestos exposure sites nationally, including every one of the more than 3,000 Indiana entries on the asbestos trusts' lists. Dozens of our clients worked at Indiana job sites.
- Filing during life. We move quickly after a diagnosis so the worker can take part in the case, tell his own story, and see it through while able.
- We routinely get claims approved by many asbestos trusts.
- Steel-mill corridor knowledge. U.S. Steel Gary Works (at least 20 trusts), Inland Steel Indiana Harbor Works (at least 17), Bethlehem Steel Burns Harbor and Youngstown Sheet & Tube (at least 13 each).
- Refineries, plants, and power stations. The Whiting and East Chicago refineries, General Motors Allison in Indianapolis, and Alcoa Warrick at Newburgh (at least 10 trusts each), and the federal facilities at Crane and Bunker Hill.
- Federal-program coordination. FECA for federal civilian employees and VA disability for veterans, coordinated with the civil case and trust claims.
- Remote case handling. Phone, video, home visits. You never need to travel to our office.
- No fee unless we recover. Contingent fee. Indiana law can make a party who turns down a formal "qualified settlement offer" and then does worse at trial pay the other side's attorney fees and costs, up to $5,000. We discuss every settlement offer with the family before anyone responds to it.
Court decisions: 37 asbestos cases from Indiana courts
Frequently asked questions
What is the statute of limitations for mesothelioma in Indiana?
Generally two years from when the disease and its cause were discovered, not from the exposure decades ago. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. If an earlier X-ray, CT scan or screening showed asbestos-related scarring, an Indiana court may count the two years from that earlier finding, so call us right away.
What is the wrongful-death deadline in Indiana?
If your loved one has already passed, the Indiana wrongful-death deadline is two years from the date of death. The statute allows the claim only if your loved one "might have maintained an action had he or she ... lived."
Can my family still call if my loved one already died?
Yes. Most first calls in wrongful-death cases come from a spouse or adult child. We are used to working with families. Call as soon as possible — the two-year wrongful-death clock is running.
Can I sue if my loved one's asbestos exposure happened 30 or 40 years ago?
Usually, yes. Indiana's deadline runs from when the disease and its cause were discovered, not from the original exposure. And the Indiana Supreme Court holds that Indiana's ten-year limit on product claims does not apply to disease from long-term asbestos exposure.
Do I need to know the asbestos product names?
No. Most clients do not remember product names. We reconstruct product exposure from the worksite, the era, the job, coworker testimony, historical invoices, and our database. Many strong Indiana cases begin with one sentence — "Dad worked at Gary Works" or "He spent thirty years at Inland Steel."
Do I need old employment records before calling?
No. With your authorization we can request Social Security earnings records, union records, pension files, and military records (DD-214). Start the call with what you remember.
Can an adult child call for a parent?
Yes. Most first calls in mesothelioma cases come from an adult child or spouse. We are used to talking with families.
Will we have to file a lawsuit?
Not necessarily. Many Indiana families recover entirely through asbestos trust claims and federal benefits without filing in court. We will explain every available path before you decide what to do.
Are trust claims separate from lawsuits?
Yes. Asbestos trust claims operate under each trust's own procedures, separate from any Indiana court rule, and pay from funds set aside in the manufacturers' bankruptcies. A family can have both trust claims and a civil lawsuit; which to file, and when, is decided case by case.
Can I file an Indiana claim if I no longer live in Indiana?
Often yes. If the exposure happened in Indiana, an Indiana court can often hear the case, but whether it can reach each company depends on that company's ties to Indiana and to the claim. Where you live now does not control. Many of our Indiana clients moved out of state after retiring from Indiana industrial employment.
What if the exposure happened at work?
Indiana's Occupational Diseases Act generally prevents suing your own employer, but it does not protect the companies that made and sold the asbestos products, or the owners of sites where you worked for a different employer. Most Indiana asbestos cases are claims against those companies. You may also have occupational-disease benefits from your employer, which have their own deadlines.
What if the exposure happened through a spouse's work clothes?
A family member exposed to asbestos dust brought home on a worker's clothes — "take-home exposure" — may have their own claim. The Indiana Supreme Court allows a household member who washed asbestos-covered work clothes to sue the makers of the asbestos products. Whether an employer or site owner owed a duty to the worker's family has not been settled by Indiana's appellate courts. We ask about take-home exposure in the first call.
Are punitive damages available in Indiana asbestos cases?
Sometimes, in a case brought by a living worker. Punitive damages require clear and convincing evidence, are capped at the greater of $50,000 or three times compensatory damages, and 75% of any award goes to a state crime-victims fund. Indiana does not allow punitive damages in a wrongful-death case. Compensatory damages are not capped.
What about Indiana's $300,000 wrongful-death cap?
The $300,000 cap is narrow. It applies when the person who died was an unmarried adult with no dependents, and it limits only the damages for loss of love and companionship, which go to a nondependent parent or child; medical, funeral, and burial expenses are recovered separately. For the typical case with a surviving spouse or dependent children, the cap does not apply — Indiana's general wrongful-death statute applies with no damages cap.
Where will my Indiana case be filed?
Many Indiana asbestos cases have been filed in Marion County Superior Court in Indianapolis. Cases are also filed where the exposure happened or a defendant is located, such as Lake County Superior Court in Crown Point for Calumet steel-mill cases (East Chicago, Gary, Hammond), Porter County Superior Court in Valparaiso for Burns Harbor and Portage cases, Allen County Superior Court in Fort Wayne, Vanderburgh County Superior Court in Evansville, and Clark County Superior Court in Jeffersonville. Federal cases proceed in the Northern District of Indiana (Hammond, South Bend, Fort Wayne, Lafayette) or the Southern District of Indiana (Indianapolis, New Albany, Evansville, Terre Haute).
What if I worked at Inland Steel East Chicago?
Inland Steel's Indiana Harbor Works in East Chicago is on the lists of at least 17 asbestos trusts, including Johns-Manville. Inland Steel's Indiana Harbor Works has operated since 1893 and is now Cleveland-Cliffs Indiana Harbor. Boilermakers, refractory bricklayers, pipefitters, millwrights, mechanics, mill operators, electricians, and laborers often have claims against several trusts. An Inland Steel employee's claim against Inland itself runs through the Occupational Diseases Act; contractors' employees may also have a claim against the site owner.
What if I worked at U.S. Steel Gary Works?
U.S. Steel Gary Works, operating since 1908, is on the lists of at least 20 asbestos trusts, including Johns-Manville (some list it under its earlier name, Carnegie-Illinois Steel). The city of Gary itself was named after U.S. Steel founder Elbert Henry Gary.
What if I worked at Bethlehem Steel Burns Harbor?
Bethlehem Steel Burns Harbor opened in 1965 as the last major integrated steel mill built in the United States. It is on the lists of at least 13 asbestos trusts, including Johns-Manville. Now operated as Cleveland-Cliffs Burns Harbor.
What if I worked at Naval Surface Warfare Center Crane?
NSWC Crane is the third-largest Navy installation in the world by geographic area, in south-central Indiana and has been operational since 1941 — first as Naval Ammunition Depot Burns City, then as a major Navy ammunition, explosives, electronic warfare, and special munitions facility. Active-duty Navy veterans pursue VA service-connected disability; federal civilian employees of the Navy at NSWC Crane are covered by FECA.
Talk with an Indiana mesothelioma lawyer
Whether your family is dealing with a new diagnosis, a very sick loved one, or a death from mesothelioma, we are ready to help.
You do not need to know the product names. You do not need to have all the records. You do not need to travel to our office. A spouse or adult child can call for the family.
Related resources
Sources and references
Statutes
- Ind. Code § 34-20-3-1 — Product liability limitations (two years from accrual) and ten-year repose; the repose does not apply to protracted asbestos exposure (Covalt; Myers).
- Ind. Code § 34-20-3-2 — Former asbestos limitations section, held void in its entirety in Myers v. Crouse-Hinds (2016).
- Ind. Code § 34-20-1-1 — Indiana Product Liability Act (IPLA) governs product actions regardless of legal theory.
- Ind. Code §§ 34-20-2-1 to 34-20-2-4 — IPLA liability; reasonable-care requirement for design and warning claims; strict liability limited to manufacturers; seller treated as manufacturer when the manufacturer is beyond the court's reach.
- Ind. Code §§ 34-20-5-1, 34-20-6-3, 34-20-6-4 — IPLA defenses: rebuttable presumption (state of the art, government standards), knowing use of a known danger, misuse.
- Ind. Code § 34-20-8-1 — Fault comparison in product cases, including nonparties.
- Ind. Code §§ 34-31-8-3, 34-31-8-7, 34-31-8-8 — Limits on an innocent successor corporation's asbestos liability (mergers before January 1, 1972).
- Ind. Code § 34-11-2-4(a) — Two-year personal-injury limitations period.
- Ind. Code §§ 34-13-3-6, 34-13-3-8 — Indiana Tort Claims Act notice periods (270 days, state; 180 days, political subdivisions).
- Ind. Code §§ 34-51-2-1 to 34-51-2-19 — Indiana Comparative Fault Act: more-than-50% bar (§ 2-6), fault allocation and several liability (§§ 2-7, 2-8), no contribution (§ 2-12), nonparty defense (§§ 2-14 to 2-16), lien reduction (§ 2-19); not applicable to governmental entities (§ 2-2).
- Ind. Code § 34-6-2.1-133 — Definition of "nonparty".
- Ind. Code § 34-44-1-2 — Collateral-source evidence and its exceptions.
- Ind. Code §§ 34-51-3-2 to 34-51-3-6 — Punitive damages: clear and convincing proof, jury not told of cap or allocation, cap of the greater of 3x compensatory or $50,000, 75% to the violent crime victims compensation fund.
- Ind. Code § 34-50-1-6 — Qualified settlement offers: fee and cost award up to $5,000.
- Ind. Code § 34-23-1-1 — General wrongful-death statute (two years; no damages cap).
- Ind. Code § 34-23-1-2 — Adult wrongful-death statute; subsection (e) caps love-and-companionship damages at $300,000.
- Ind. Code § 34-23-2-1 — Child wrongful-death statute.
- Ind. Code §§ 34-9-3-1, 34-9-3-4 — Survival of claims; recovery of pre-death damages when death results from other causes.
- Ind. Code § 34-18-14-3 — Medical-malpractice damages cap ($1.8 million); inapplicable to asbestos product liability.
- Ind. Code §§ 22-3-7-6, 22-3-7-9(f), 22-3-7-32, 22-3-7-36 — Occupational Diseases Act: exclusivity, asbestos disablement time limits, notice and claim deadlines, third-party claims, employer repayment and settlement consent.
Cases
- Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016) — Held Ind. Code § 34-20-3-2 void in its entirety and restored Covalt: the ten-year repose does not apply to protracted asbestos exposure.
- Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989) — Suit allowed within two years after discovering a disease and its cause; repose inapplicable to protracted exposure to an inherently dangerous foreign substance.
- AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003) — Asbestos claim accrues when a reasonably experienced physician could have diagnosed an asbestos-related illness; limited the former § 34-20-3-2 to those who mined and sold raw asbestos.
- Stegemoller v. ACandS, Inc., 767 N.E.2d 974 (Ind. 2002) — A household member who laundered asbestos-covered work clothes has a claim against manufacturers as a bystander under the IPLA.
- PSI Energy, Inc. v. Roberts, 829 N.E.2d 943 (Ind. 2005) — Landowner's limited duty to an independent contractor's employees.
- Myers v. Bremen Casting, Inc., 61 N.E.3d 1205 (Ind. Ct. App. 2016) — Premises and vicarious-liability claims by an electrician exposed at plants survived summary judgment.
- Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) — Invitee, licensee and trespasser categories.
- Bunker v. National Gypsum Co., 441 N.E.2d 8 (Ind. 1982) — Upheld the Occupational Diseases Act's asbestos disablement time limit.
- Baker v. Westinghouse Elec. Corp., 637 N.E.2d 1271 (Ind. 1994) — The Occupational Diseases Act bars intentional-tort suits against the employer; the accident act's exception does not apply.
- Heck v. Robey, 659 N.E.2d 498 (Ind. 1995) — The Comparative Fault Act's "fault" includes incurred risk.
- Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135 (Ind. 1988) — Punitive damages for willful and wanton misconduct.
- Durham ex rel. Estate of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001) — No punitive damages in wrongful-death actions.
Last reviewed: October 2026. The Law Offices of Justinian C. Lane, Esq. — PLLC | Round Rock, TX · Mesa, AZ · Redmond, WA. We partner with firms in every relevant jurisdiction so claims can be handled in the appropriate court or claims system.
This page is provided for general informational purposes and does not constitute legal advice. Every asbestos case turns on its own facts, exposure history, diagnosis, deadlines, available evidence, and applicable law. Reviewing this page does not create an attorney-client relationship. For advice about your specific situation, call 833-4-ASBESTOS for a free case review.