Filing a Workers’ Compensation Claim for Mesothelioma in 2024

If a medical professional diagnosed you with mesothelioma and you believe that your workplace is the cause of your condition, you may be eligible for workers’ compensation. Mesothelioma is a severe, aggressive cancer that is usually caused by asbestos exposure. Filing a workers’ compensation claim for mesothelioma can be simple by enlisting the help of a skilled mesothelioma attorney.

What Is Mesothelioma?

Mesothelioma is an aggressive cancer that typically originates after asbestos exposure. Most people exposed to asbestos do not develop mesothelioma, but those who do have their symptoms develop years or decades after their exposure. Research is still being done to determine why some people develop mesothelioma and others do not.

How Workers Get Mesothelioma

Today, many workplaces no longer use asbestos or asbestos-containing materials. Decades ago, asbestos was widely used. Asbestos is a mineral fiber used in construction or industrial applications for various reasons, such as its fireproof attributes.

When workers working with or near asbestos inhaled or ingested the fibers, the fibers could get lodged in their mesothelium, or the thin layer that lines the organs. Over time, these lodged fibers contributed to scarring and inflammation, leading to cell damage and cancerous growth. Common professionals who had high levels of asbestos exposure risk are:

• Construction Workers: These workers were commonly exposed to asbestos with insulation, roofing, and flooring.
• Shipyard Workers: Shipbuilding and maintenance could contribute to asbestos exposure due to asbestos-containing materials.
• Mechanics and Autoworkers: Brakes and clutches were known to contain asbestos, as did other vehicle parts.
• Electricians and Plumbers: Asbestos-containing materials around pipes and wires could affect electricians and plumbers if inhaled.
• Firefighters: These workers were exposed to asbestos when they battled a fire in older buildings.
• Military Veterans: These people were exposed to asbestos during their service time when working on ships, buildings, and vehicles with asbestos-containing materials.

Qualifying for Workers’ Compensation

While not everyone who works with asbestos will develop mesothelioma, those who do will have to manage life with a very aggressive disease. To qualify for workers’ compensation, people need to show a mesothelioma diagnosis, proof that their work exposed them to asbestos, and that there is a link between the exposure and their mesothelioma. Important evidence for a mesothelioma case can include:

• Medical Records: Applicable medical records are diagnosis documents, treatment records, and any reports that prove your mesothelioma and asbestos exposure link.
• Employment Records: You will need employment records showing that you were employed with the company that you claim exposed you to asbestos.
• Witness Statements: Witness statements from colleagues who can corroborate your claim about your work environment can help prove your asbestos exposure.

How a Mesothelioma Attorney Can Help You

A skilled attorney can be invaluable in workers’ compensation cases. They can help you gather the necessary evidence, navigate the legal system, negotiate with your employer and, if necessary, represent you in court.

With the help of an attorney, the workers’ compensation process may go like this:

1. You File Your Claim: Your attorney starts by gathering as much evidence as possible for your claim. Afterward, you file a claim with your state’s workers’ compensation agency.
2. Medical Examinations: Despite any evidence you present, your employer or insurance company may schedule a medical exam to prove that you have mesothelioma. This examination can be seen as a standard procedure for validating your situation.
3. Investigation: Your case will be evaluated and investigated by the applicable parties. The party you deemed responsible will likely examine your evidence and records.
4. Negotiation, Settlement, or Hearing: Your attorney can work to get you the optimal results for your case. This may include negotiating a suitable compensation package, receiving a settlement offer, or attempting a judge’s hearing. If the applicable parties deny your claim, you may be able to appeal or seek other options, like an asbestos claim.

FAQs

Q: How Do I Claim Compensation for Mesothelioma?

A: You start claiming compensation for mesothelioma by contacting a mesothelioma attorney who focuses on asbestos litigation. The attorney can help you gather the necessary documentation, applicable financial statements, and medical records to accompany your case.

After enlisting a mesothelioma attorney, they work to confirm your eligibility, file your claim, enter the discovery period, and then negotiate your settlement or represent you at trial. It is rare for mesothelioma cases to reach trial, and most plaintiffs receive compensation through settlements.

Q: Are Patients With Mesothelioma Entitled to Compensation?

A: Patients who have mesothelioma or other asbestos-related diseases might be entitled to compensation. If you seek asbestos-related compensation, you will need:

• Medical records detailing your diagnosis
• Work history that details your work for the company named in the claim
• Testimony proving the cause of the exposure and your resulting diagnosis
• Records of your financial hardship due to your illness

You will have a strong case for receiving compensation with these required materials.

Q: How Long Does It Take to Get a Mesothelioma Settlement?

A: The time it takes to get a mesothelioma settlement varies. Some people get compensated quickly for mesothelioma. Although some cases can take longer, others may pay out for medical expenses and damages within a few months.

The timeline can vary depending on factors like finding evidence and reviewing materials. An experienced mesothelioma attorney can help you navigate the process and understand the expected time before receiving your settlement.

Q: Does Mesothelioma Qualify for Disability?

A: Whether mesothelioma qualifies you for disability depends on your specific case and what disability you seek. If you pursue Social Security Disability Insurance (SSDI), have paid suitable taxes toward Social Security, are within the recommended age range, and cannot work because of your condition, you might receive monthly income or other compensation benefits.

Proper evidence for disability applications can include medical records and diagnoses, so these documents are vital before expecting compensation.

Get Help With Your Workers’ Compensation Claim Today

A mesothelioma diagnosis can be overwhelming. Filing a successful workers’ compensation claim can help ease the financial burdens for you and your loved ones. The process of obtaining compensation can be complex, but having a skilled mesothelioma attorney advocating for you can make it easier.

Do not wait to seek legal representation. At Wallace & Graham, we can ensure that you can focus on your health while our team fights for a successful outcome for your case. Contact us today for a consultation.