Mesothelioma and Workers Compensation is ideal if you were exposed to asbestos through your workplace and subsequently developed mesothelioma, you may be entitled to collect workers’ compensation. With this form of recovery, employees don’t get general damages, but they do receive medical coverage, lost wages and a specified payout. These are the only damages the employees may recover if the claim is approved.
The Mesothelioma and Workers Compensation Process
While workers’ compensation statutes vary from state to state, they all establish that the employer is responsible for workers who have been injured as a result of hazardous conditions. They also state that employees don’t have to prove that the employer was negligent, as they would in other mesothelioma lawsuits. Instead, employees need only prove that they were injured as a result of their employment. To receive damages in a state workers’ compensation claim, the employee usually must meet requirements set up by to state board. However, this isn’t necessarily the case for victims of mesothelioma. For example, individuals who were exposed to asbestos while they were employed by the United States government may apply for workers’ compensation with the federal Workers’ Compensation Program. Likewise, employees in the maritime industry may qualify for workers’ compensation through the Longshore and Harbor Workers’ Compensation Program.
Once employees understands their qualifications, they may file a claim for Workers Compensation. At that point, it goes to the state, which reviews the claim during compensation hearings. The employee is then invited to one of these hearings and may bring an attorney. Although these hearings are not as formal as a court proceeding, the employee may still present witnesses and evidence. If the claim is rejected, the employee may appeal.
Because many asbestos manufacturers have filed for bankruptcy, some employees find that Mesothelioma and Workers Compensation may be the best way to recover damages in an asbestos or mesothelioma claim. Generally, once a business has entered bankruptcy protection proceedings, any claims against the business are put on hold, and the company is not obliged to pay those claims. However, these rules do not apply to workers’ compensation claims.
While mesothelioma sufferers do not recover as much compensation in a workers’ compensation claim as they would by pursuing traditional mesothelioma litigation, Mesothelioma and Workers Compensation offers almost immediate payment. Litigation is unpredictable, costly and time-consuming.