Whether you were exposed to beryllium in the workplace or simply by living near the industrial use of beryllium, you have important legal rights. Polluting the workplace and the general environment may be actionable if you have been harmed. Workers exposed in the workplace may have workers’ compensation rights as well as the ability to sue their employer and third parties for their injuries. Similarly, nearby residents and others in the community exposed to emissions of beryllium dust, fumes and particulate can sue the companies responsible for those emissions for money damages.

Assuming you are eligible for benefits under the Act, you must give up your right to sue the companies responsible for causing your chronic beryllium disease. Since settlements and awards from lawsuits in chronic beryllium diseases can far exceed the available government benefits, all workers with potential claims should consult an attorney before deciding what course of action to pursue. Only benefits for workers under the Act are available. Community residents living near beryllium plants can sue the plant operators for their injuries but not pursue benefits under the Act.

Beryllium is a hard gray metal that is extracted from the earth, refined and reduced to a very fine powder. It occurs as a chemical component of certain rocks (bertrandite and beryl), coal and oil, soil, and volcanic dust. Beryllium’s light weight, high tensile strength and ability to slow neutrons have made it useful for many purposes in many industries.

Common workplace forms of beryllium are beryllium oxide powder, beryllium ceramics and beryllium copper alloy (See Beryllium Chemical Backgrounder, National Safety Council). Pure beryllium metal is used in the manufacture of aircraft disc brakes, nuclear weapons and reactors, missile parts, heat shields, x–ray machine parts, mirrors and spacecraft. Beryllium oxide is used in ceramics for electronics and high–technology applications. Among the uses for beryllium alloys are electrical connectors, springs, precision instruments, aircraft engine parts, wheels and pinions.

Beryllium metal and metal alloys may be found in consumer products such as televisions, calculators, computers, special nonsparking tools and sports equipment. It also can be part of dental alloys and dental bridges.

Workers exposed to beryllium are at risk of developing serious‚ debilitating diseases. Chronic beryllium disease (CBD or berylliosis) is a painful scarring of the lung tissue. Less common than CBD‚ acute (short—term) beryllium disease causes lung inflammation resembling pneumonia. In severe cases‚ both diseases may be fatal.

The Department of Health and Human Services‚ the Environmental Protection Agency‚ and the International Agency for Research on Cancer consider beryllium to be carcinogenic. Various studies implicate beryllium in lung cancer. Individuals with a history of beryllium exposure who develop lung cancer should be evaluated to determine if beryllium played a role in causing the cancer.

Chronic beryllium disease (berylliosis or CBD)

CBD victims first develop “beryllium sensitization”‚ which is an allergic response to beryllium. Symptoms of the disease include cough‚ shortness of breath‚ fatigue‚ fevers‚ skin rash‚ and night sweats. In the later stages‚ lung tissue becomes scarred. In severe cases‚ the right side of the heart may be strained due to increased pressure in the pulmonary artery from lung damage. (Beryllium‚ a Chronic Problem‚ Environmental Health Perspectives; Diseases Due to Inorganic Dusts‚ Merck Manual).

The average time from first beryllium exposure to the development of CBD symptoms (the latency period) can be a few months or as long as forty years (Medfacts‚ National Jewish Medical & Research Center). Once a person has been exposed to beryllium‚ there is a lifelong risk of developing the disease.

Acute beryllium disease (ABD) is caused by breathing in relatively high concentrations of beryllium in dust and metal fumes (Beryllium‚ a Chronic Problem‚ Environmental Health Perspectives). Symptoms associated with ABD include difficulty breathing‚ cough‚ and chest pain.

Skin irritation is another potential beryllium—related health problem. Exposure to beryllium dust or soluble compounds may cause a skin disease which is characterized by poor wound healing and wart—like bumps. A skin rash may also be one of the early symptoms of CBD or berylliosis.

Beryllium particles may become embedded in skin that has been scraped or cut‚ resulting in skin ulcers. Beryllium particles must be removed if the skin wounds are to have any chance of healing.

When people think about exposure to beryllium, those who work in the atomic energy and defense industries usually come to mind. Exposure hazards also exist in other industries, however, including the space, aeronautics, computer, and electronics fields. Grinders, machinists, hot press operators, and welders who come into contact with beryllium or its compounds are at particular risk. Even dental technicians who machine or polish dental alloys containing beryllium may be affected. Generally, any process or workplace where beryllium can become airborne, in the form of microscopic particles, dust, or fumes, presents a serious health hazard for workers.

Department of Energy and other government facilities that use beryllium are located throughout the United States. In addition, potential exposure risks may exist at certain private plants nationwide. See a list of plants and facilities

he risk of exposure is not limited to those working directly with beryllium–it extends to coworkers, support or maintenance staff at a plant using beryllium, and to the beryllium worker’s family members. For example, janitors or secretaries at a workplace that uses beryllium may be exposed to beryllium dust, fumes or gases. The family member of a beryllium worker who brings home beryllium dust on shoes or clothing also risks exposure.