People who were exposed to asbestos on the job often suffer from lung disease and cancers that take years, even decades, to develop and be diagnosed. One tragic and devastating lung illness is mesothelioma. Mesothelioma causes intense damage to the lungs that leads to severe breathing issues and quite often untimely death. More than 96 percent of mesothelioma deaths are the result of work exposure to asbestos. A dangerous work exposure that causes an injury or illness should, by definition, be covered under workers’ compensation programs meant to provide benefits for affected employees. However, the long latency period of diseases such as mesothelioma creates issues with claims from workers whose exposures took place many years before their diagnoses.
In theory, coverage under workers’ compensation should be available for any worker or former worker who suffers from an illness resulting from their job. But that may not be the most effective way to pursue compensation for their condition. When it comes to delayed emergence of a debilitating disease such as mesothelioma, there may be better options for recovering damages for such serious and costly losses.
What is Mesothelioma?
Mesothelioma is a lung disease that results from prolonged exposure to airborne asbestos that causes lacerations in the lung tissue that never heal. Over time, the damage is so extensive that breathing becomes labored and the patient becomes unable to live normally.
Since the damage never heals and the disease is a progressive one, the symptoms can become worse and worse over time. Because the disease takes a long time to develop, affected individuals may not know they are sick until years later, sometimes as long as 20 to 40 years later, often after they have left the job that caused the asbestos exposure.
What Should be Known about Workers’ Compensation?
Workers’ compensation is meant to provide monetary compensation for workers hurt on the job. Workers’ compensation programs exist in every state, but states run them with differing rules and procedures for claiming benefits.
Generally, the program is meant to provide coverage for medical bills stemming from the work-related injury or illness as well as possible disability payments for those unable to work as a result of their condition, which can be on a temporary basis or a permanent one. Sometimes the program can offer help finding a new occupation for those unable to do their previous jobs.
What are Difficulties with Claiming Workers’ Compensation for Mesothelioma?
The amount of compensation available through the program may be limited by state law. Benefits for lost income usually cover only a portion of the worker’s usual pay. Payouts for medical expenses may require extensive documentation or verification through company doctors.
The workers’ compensation program is meant to help employees, but also to protect employers. There are rules that prevent an employee from suing the employer if they accept workers’ compensation. Workers’ compensation also has no provision for awarding punitive damages or certain other personal injury claims.
Some states put do not allow workers to claim workers’ compensation benefits after they voluntarily leave their job, including by retiring. This is a huge problem in cases such as those of mesothelioma, in which the injury takes significant time to develop from exposure to discovery.
Even in states that do not bar retired workers from the program, deadlines exist that put parameters on reporting injury and claiming benefits. In some states, workers’ compensation claims must be filed within one to three years after the work injury took place. By contrast, the timeline in many states for filing a lawsuit starts not after the exposure that caused the illness, but after diagnosis of the injury brings the condition to light. As such, personal injury or wrongful death suits can be filed years after diagnosis, though there are still limitations.
What is the Process Involved in Successfully Filing a Workers’ Compensation Claim?
Normally, a work injury would begin with notifying the employer of the harmful incident. However, since an asbestos-exposure injury can take so long to detect, the first course of action may entail more preparation before filing a claim. For this reason, a case of mesothelioma calls for a visit to an asbestos injury lawyer with special experience in the field.
A lawyer will be able to review the case and recommend if workers’ compensation is the best course of action to recover maximum compensation. Other legal options, such as filing a lawsuit, can offer higher benefits but may be limited by a prior collection of workers’ compensation.
If it is determined that worker’s compensation is the right way to proceed, the first step in the process is to notify the employer of the work-related injury. At that point, the injured party will be given a claim form to fill out. The employer will submit the form to their insurance provider as well as a review board responsible for evaluating the claim. The review board will either approve or deny the claim. If the claim is successful, the employer will pay out the claim. If the claim is denied, the outcome can be disputed in court.
Can a Surviving Family Member File a Workers’ Compensation Claim?
If a worker who had developed mesothelioma on the job dies as a result of the illness, the family may be able to collect workers’ compensation. These survivors will have to go through the normal application process to be approved for benefits. As an alternative, survivors may wish to consider alternate forms of compensation such as filing a wrongful death lawsuit.
What are Other Ways to Collect Compensation for a Work Exposure to Asbestos?
For those who are denied coverage under workers’ compensation, there are other options for receiving benefits for mesothelioma. There are programs funded by asbestos trust funds that may be an option to discuss with a lawyer specializing in asbestos injuries.
As mentioned, another option is to sue.
Whether in response to a failed workers’ compensation claim or the unavailability of a sufficient monetary award, a mesothelioma claim may be sought through litigation.
A person who develops mesothelioma because of the negligence of their employer may be able to sue their employer for a higher award than what is available under the limits of workers’ compensation. If this is to be successfully accomplished, however, the worker will need to prove that the employer’s negligent practices caused their injury. Since asbestos is a known carcinogen, any knowledge the employer had of exposure risk to its workers could be grounds for a court to award a sizeable payment to the claimant. However, proving that the employer was aware of the possible harm will require persuasive evidence.
The employer is not the only possible defendant in injury cases involving job-related mesothelioma. Manufacturers or suppliers of products used on the job may also be liable if their products were the source of asbestos exposure. Going after these responsible parties is not prohibited in any way by the rules for collecting workers’ compensation.
One big advantage of choosing to pursue a lawsuit instead of or in addition to workers’ compensation is that litigation, unlike the employee benefit program, allows claims of pain and suffering as well as awards that address punitive damages, two types of compensation that often translate into much larger monetary awards or prompt considerable settlements.
Burlington County Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP, Represent Mesothelioma Patients Who Were Sickened at Work
If you were exposed to asbestos on the job and developed mesothelioma or other lung damage, you should be able to collect benefits from your employer to recover damages to pay for your medical bills and other losses. The Burlington County workers’ compensation lawyers at Pietras Saracino Smith & Meeks, LLP, can support your case against you employer or former employer. We can also offer representation services in a lawsuit against an employer or another responsible party, which may provide an opportunity to recover compensation beyond what is available through workers’ compensation. Call us today at 856-761-3773 or contact us online to schedule a free consultation. Located in Cherry Hill, New Jersey, we serve clients in Camden, Cinnaminson, Delran, Maple Shade, Pennsauken, and throughout South Jersey.
