Mesothelioma & Workers’ Compensation: What You Need to Know

Mesothelioma is a rare form of cancer, often affecting your lungs. It results from your exposure to asbestos in the workplace. It is a dangerous disease due to its long latency period. ⁽¹⁾

Latency is the time between exposure and diagnosis. Mesothelioma may not show up for decades after asbestos exposure.

Data indicates there are 3,300 new cases diagnosed annually in the U.S. ⁽²⁾ Getting mesothelioma workers’ compensation is a key consideration for mesothelioma victims and your families.

The effects of a mesothelioma diagnosis are staggering. You not only suffer from the painful symptoms of the disease, but also from financial, emotional, and psychological burdens. And you do not suffer alone. Your family and loved ones suffer with you.

Some mesothelioma workers’ compensation claims may be covered under workers’ compensation programs. However, many times they may not be, due to the disease’s latency period and statutes of limitations. Terms of mesothelioma workers’ compensation programs are often dictated by state laws and differ from state to state.

This blog informs victims and your families regarding your legal options. This includes the decision whether to file claims under workers’ compensation programs.

What Is Workers’ Compensation?

Workers’ compensation programs are designed to provide disability benefits for workers who are injured on the job or get an occupation related disease. ⁽³⁾

Federal workers’ compensation programs are administered by the U.S. Department of Labor and provide these benefits for most federal employees: ⁽⁴⁾

• Medical treatment.
• Vocational rehabilitation.
• Wage replacement.
• Other benefits.

State workers may be covered by state programs that are similar to the federal program. Many states also require private companies to carry insurance for their employees. This insurance provides the same or similar benefits, including coverage for mesothelioma workers compensation in some cases.

Mesothelioma and Workplace Asbestos Exposure

Mesothelioma is a cancer affecting the thin tissue lining many internal organs (mesothelium). It most often affects the mesothelium surrounding the lungs. Mesothelioma is fast-growing and lethal. There is no cure. ⁽⁵⁾

Exposure to asbestos causes mesothelioma. Asbestos is a naturally occurring group of mineral fibers. It has historically been used in numerous consumer products, such as automobile parts and building materials. Asbestos fibers are very strong and durable. Asbestos fibers are also water and heat resistant. ⁽⁶⁾

Asbestos fibers can become airborne when disturbed, and get inhaled or swallowed. Once these fibers gain access to the body, they can do damage over many years. People who work with asbestos products or family members of those workers are at greatest risk of exposure to asbestos. ⁽⁷⁾

Some industries and jobs at risk for asbestos exposure include: ^{(8) (9) (10)}

• Active military and veteran occupations: mechanics, shipyard workers, pipe fitters, welders, boiler operators, and people who served in war zones where old buildings were damaged.
• Construction and demolition work, including repairs, maintenance, and removal.
• Electricians.
• Automobile mechanics.
• Firefighters.
• Paramedics.
• Police.

A diagnosis of mesothelioma is usually made 40 or 50 years after your first exposure to asbestos. This length of time is because symptoms do not appear until then. ⁽¹¹⁾

This delay of symptoms and diagnosis has an impact on workers’ compensation mesothelioma claims because many states have a statute of limitations.

Statutes of Limitations

Statutes of limitations are maximum time limits, set by law, to initiate civil lawsuits. They vary from state to state. Some states begin counting this time period from the date when an injury actually occurred. Other states begin counting from the date the injury was discovered by being diagnosed. ⁽¹²⁾

Eligibility for Mesothelioma Workers’ Compensation

Rules for workers’ compensation for mesothelioma claims vary by state. Eligibility, benefits, and reporting periods differ. Generally, however, employees must meet certain basic criteria for eligibility.

These criteria include: ⁽¹³⁾

• Having been a full-time employee.
• Demonstrating the link between a mesothelioma diagnosis and occupational exposure to asbestos.
• Reporting the injury within the state’s legally defined timeframe.

Establishing occupational exposure to asbestos as the cause of a mesothelioma diagnosis may be required.

In the case of veterans, the U.S. Department of Veterans Affairs (VA) established a list of the jobs and products it concedes are likely to cause exposure to asbestos. You need copies of your military records to make a claim. Visit the VA website for information. ⁽¹⁴⁾

Some state workers’ compensation laws require you to establish a link between your mesothelioma diagnosis and occupational exposure. This can be complex. These cases likely involve medical, historical, and legal investigation. And all of this takes time.

Eligibility Requirements

First, a written medical diagnosis is required. Additionally, biopsy samples of asbestos fibers from your lungs or body tissues go a long way towards verifying a connection exists.

Next, a detailed occupational history can verify all of your jobs, duration of employment, and the specific tasks you performed. This is where employment records can be used to support your claim. If you worked in an industry or job known for high risk of exposure to asbestos, the link between your occupation and diagnosis is strengthened.

Third, the nature, length, frequency, and intensity of exposure need to be understood. In this regard, the testimony of coworkers and experts can help support a link between your occupational exposure and diagnosis.

How to File a Mesothelioma Workers’ Compensation Claim

There are many steps to filing a workers’ compensation mesothelioma claim:

1. Obtain a written medical diagnosis. This should include all medical records, such as test results from X-rays, CT, and PET scans, or biopsies. Also, include all documents related to the diagnosis and treatment plan.
2. Consult with an experienced mesothelioma attorney. A law firm like Weitz & Luxenberg gives you advice and guidance on what steps to take next. Our lawyers understand applicable state laws and how the long latency period affects your claim.
3. Notify employers and compile a detailed work history. This includes your employer information, dates of employment, job title, specific work tasks, and products used.
4. Research and investigate. This can be a complex process involving much time and research. Your attorney does this with you. This includes medical records, proof of employment, your testimony, witness statements, historical information from your employer or from public records, and related financial records.
5. File claim forms. Get and accurately fill out the appropriate claim forms. Then file the forms with the proper federal and state agencies, insurance carrier, or both. An experienced lawyer can make the process go more smoothly.
6. Claim review. Finally, there is the review process by the federal and state agencies, insurance carrier, or both. The claim may be approved or denied. Or more information might be requested. After a decision has been made on your claim, you may end up with a negotiated settlement or going to court for a trial.

Get more information on the claims process for occupational exposure to asbestos.

Challenges in Filing Workers’ Compensation Claims for Mesothelioma

If you are filing a workers’ compensation mesothelioma claim, you can face challenges. The most obvious one is the long latency period. However, this is not the only challenge.

Another challenge can be limitations placed on coverage by employers. Workers’ compensation programs generally cover workers for mesothelioma claims, but maybe not their family members.

While private companies have insurance policies to cover mesothelioma and asbestos claims, these policies may have limits and exclusions on coverage. What is covered or not covered in regard to mesothelioma may be unclear.

Workers’ Compensation Claims Take Time

Then there is the challenge of time. These claims can be extremely time consuming. Claims could be denied and then may go through an appeals process.

There may be requests for additional information or insufficient documentation that further delay the resolution of the claim. Also, there may be disputes over exposure — such as when, where, and how. Other factors include the frequency and degree of your exposure.

All of this takes time to resolve. And this is time you and your family may not have.

A mesothelioma lawyer is familiar with both the legal and claims process. An attorney is able to guide you through it, step-by-step. This relieves you of the burden, allowing you to focus on healthcare needs.

How a Mesothelioma Lawyer Can Help with Workers’ Compensation Claims

A lawyer’s primary role in these types of cases is to help you receive fair compensation for the harm you have suffered. One of the most important things an experienced mesothelioma lawyer can do is to advise you on how to get what you deserve.

Monetary compensation is an important consideration for you and your family. Mesothelioma takes an enormous financial toll.

Helping you understand all of the compensation you are eligible for is one of the responsibilities of a mesothelioma attorney. Read more about mesothelioma and asbestos compensation.

Weitz & Luxenberg

In order to obtain the most compensation you legally deserve, you need an attorney. So, before filing any workers’ compensation claim, speak with a lawyer. Your attorney can help you better understand your options for your mesothelioma legal claims.

Weitz & Luxenberg is a highly experienced law firm. Our lawyers have been helping mesothelioma clients secure fair compensation for almost 40 years. We have an exceptional record of success for clients.

We have won verdicts and settlements of over $13 billion in asbestos exposure cases.

Our attorneys can help you examine all of your legal options. We explain to you what compensation you may be eligible for, help you determine if a mesothelioma workers’ compensation claim is right for you and your family, guide you through the legal and claims processes, research and investigate your case, and negotiate a settlement or represent you in court.

And remember, there is no charge for your initial consultation. We only get paid if you win.

Our lawyers are waiting for you to reach out by calling (917) LAWYERS or filling out the form on this page. We respond promptly.