Asbestos & Mesothelioma Law Blog
Occupational asbestos exposure is quite common. Some of the high-risk jobs include construction, firefighting, engineering, sheet metal fabrication, and roofing. After a worker develops mesothelioma or another asbestos-related illness, they may be eligible for workers’ compensation if they suffered asbestos exposure while on the job. However, before selecting workers’ compensation as the compensation option, it is crucial that a mesothelioma patient fully understands all their legal options. There are many other ways of seeking compensation after developing mesothelioma due to occupational asbestos exposure. Before filing a workers’ compensation claim, a mesothelioma patient should speak to a qualified lawyer. There may be another way to recover more compensation.
Workers’ Compensation for Mesothelioma Victims
Workers’ compensation is a form of insurance employers are required to have. This form of insurance compensates employees who are injured or who develop illnesses because of their job. However, when a person files a workers’ compensation claim, they usually lose the right to file a lawsuit against their employer. People who get exposed to asbestos while at work and who end up developing mesothelioma or other asbestos-related illnesses may be eligible for workers’ compensation.
It can take decades after asbestos exposure for mesothelioma to develop. If a person is diagnosed with mesothelioma when they no longer work for the employer, they can still file a workers’ compensation claim. However, a mesothelioma victim will have a limited amount of time from the time of their diagnosis to file a claim.
Filing a Mesothelioma Workers’ Compensation Claim
Every state has its own workers’ compensation program. Therefore, the filing process differs from state to state. An experienced lawyer can help confirm the state requirements for filing a mesothelioma workers’ compensation claim. Also, each state has a different timeframe in which a person can file a mesothelioma workers’ compensation claim. An attorney can help determine how much time a person has to file a mesothelioma workers’ compensation claim.
Restrictions for Mesothelioma Workers’ Compensation Claims
As mentioned earlier, when a person files a workers’ compensation claim, they are usually barred from filing a lawsuit against the employer. This is one of the restrictions on workers’ compensation for mesothelioma. Often, mesothelioma patients can recover more money from lawsuits than workers’ compensation. Workers’ compensation limits the compensation amount individuals receive. It prevents people from receiving punitive damages or personal injury payments.
Also, a workers’ compensation claim against an employer does not extend to suppliers or manufacturers. A claimant can only recover compensation from the employer after filing a workers’ compensation claim. However, one can file a lawsuit against another responsible party after recovering workers’ compensation benefits.
Filing a Lawsuit Against an Employer
It might be possible to file a mesothelioma lawsuit against an employer if asbestos exposure occurred at work. And filing a lawsuit may be better than filing a workers’ compensation claim. A lawsuit can allow a mesothelioma patient to seek full compensation for their pain and suffering as well as punitive damages. However, filing a lawsuit can be complicated. Fortunately, attorneys are available to help.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.