Mesothelioma is a rare and aggressive form of cancer, primarily caused by exposure to asbestos. Until the late 1990s, asbestos was widely used in a variety of manufacturing and construction products for its fire-resistant and insulating properties. As a result, workers were exposed to asbestos fibers, which led to the onset of health conditions.
If you were exposed to asbestos in the workplace and developed a condition like mesothelioma, lung cancer, or asbestosis, you have the right to file for compensation. Let’s break down what it means, who qualifies, and how you can seek compensation.
Understanding Mesothelioma Workers’ Compensation
Mesothelioma workers’ compensation is a system that provides financial benefits to workers who developed mesothelioma due to on-the-job asbestos exposure. Think of it as a no-fault insurance program that provides benefits to employees for work-related illnesses and injuries.
Mesothelioma workers compensation benefits include:
Medical care. You will get full coverage for the treatment of your asbestos-related illness. This includes hospital visits, prescription drugs, and diagnostic tests.
Lost wages. You will get a percentage of your wages, based on your average recent earnings.
Death benefits. If your loved one has passed away after suffering from an asbestos-related illness, you will receive death benefits as an eligible survivor. This includes burial costs and lost wages.
Who Qualifies for Mesothelioma Workers’ Compensation
Anyone who developed an asbestos-related illness after being exposed to it at their workplace is eligible for workers’ compensation. The following conditions most commonly promote asbestos exposure:
- Mining asbestos materials
- Directly handling raw asbestos during manufacturing
- Working in a building or space where asbestos fibers are airborne. These microscopic fibers can get lodged inside your lungs and damage nearby organs.
The following occupations have the highest rates of asbestos-related illnesses:
- General asbestos workers
- Miners
- Textile factory workers
- Automotive workers
- Naval workers
- Doll makers
Moreover, the employer must carry workers’ compensation insurance.
What You Need to Prove
Workers compensation is challenging to obtain, which means you need to provide ample proof of exposure. This includes:
- Evidence like pay stubs to prove that you were employed at the site and worked as an employee,
- Proof that you worked in an area where asbestos was present. This could include eyewitness testimony, employer purchase records, photographic evidence, or an admission by the employer.
- Medical records to prove you have been exposed to asbestos. This includes test results and the doctor’s notes.
Understanding Statute of Limitations
Like personal injury lawsuits, you must file for workers’ compensation within an established time frame. This is called the statute of limitations.
The time frame varies by state. But generally speaking, you have one to three years from the date of diagnosis or death to file for compensation.
Importance of Seeking Legal Advice
Hiring a qualified mesothelioma lawyer is the best thing you can do to streamline the process of filing a claim. Lawyers at ELSM Law will gather evidence to support your claim and plan strategies in case your claim is disputed.
They will also help you comply with your state’s specific statute of limitations.