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Workers Compensation

As the number of employees suffering with illness caused by asbestos exposure began to rise in the early 20th century, asbestos companies and the companies that insured them began to worry about the future of their business endeavors. To protect themselves from being sued by employees, asbestos and insurance companies requested workers' compensation laws be passed to include diseases caused by asbestos exposure. By the late-1930s, many states across the nation had established compensation laws for victims coping with asbestos-induced diseases.

However, these laws vary by state and have naturally changed and adapted over the years. There is an unfortunate stigma associated with workers' compensation claims, as they are typically more complicated to resolve than injury claims. A study published in the American Journal of Industrial Medicine confirmed that the majority of those suffering with asbestos-related disease rarely receive workers' compensation benefits, because the vast majority of filed claims that were studied went "unresolved."

To learn more about the workers' compensation laws in your state, contact the state's workers' compensation board. Depending on classification of employment, asbestos victims may be able to apply for various types of compensation-but achieving eligibility and actually receiving compensation is not guaranteed. For example, if exposure occurred during employment with a federal agency, such employees may be eligible for compensation through the Federal Employees' Compensation Program or the Employment Standards Administration's Office of Workers' Compensation Programs. Additionally, employees of the maritime industry may be eligible for the Longshore and Harbor Workers' Compensation Program, but this is the very program that was the subject of the aforementioned study published in the American Journal of Industrial Medicine that proved the majority of asbestos claims went unresolved.

For these reasons, individuals dealing with an illness caused by occupational asbestos exposure have a better opportunity to receive fair compensation through a personal injury lawsuit (or a wrongful death lawsuit filed on behalf of a family member if the victim has passed away). When dealing with personal injury caused by asbestos exposure, experienced asbestos and mesothelioma lawyers typically do not file a claim against the employer (unless the employer is an asbestos company). Instead, a lawsuit is filed against the manufacturers of asbestos products, which are completely liable due to full awareness of the health hazards their products caused.

To better ensure a fair and just compensation for undue medical illness caused by occupational asbestos exposure, it is best to contact an experienced mesothelioma and asbestos lawyer. Mesothelioma lawyers have the knowledge and experience to optimally fight for the rights of those who have been occupationally exposed to asbestos. By hiring an experienced attorney, a victim increases their opportunity to receive compensation that will fully cover all the medical costs incurred from treating asbestos-related disease, as well as provide for the affected family's financial future.

For more information about workers' compensation, filing a lawsuit, and other issues surrounding asbestos exposure and disease, please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive a comprehensive and informative packet. To read more about filing a lawsuit, please see Choosing an Attorney and Case Process.

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