Asbestos exposure is an unfortunate reality that has led to the development of serious health issues, such as mesothelioma, asbestosis, and other debilitating conditions. As a result, a number of legal avenues have emerged to ensure that victims of asbestos exposure receive the compensation they deserve.

This article provides a comprehensive survey of the various types of asbestos exposure compensation claims available, offering a detailed overview of each category. With this information, those affected can make informed decisions about which options best suit their needs and circumstances.

If you may have been exposed to asbestos, speak with your healthcare provider about tests and screening to help detect the presence of asbestos fibers and asbestos-related diseases.

If you worked in an industrial occupation or worksite before 1982, you were likely exposed to asbestos fibers at some point.

Asbestos is highly resistant to heat, pressure and corrosion, so it was used in many products, vehicles and buildings. In particular, many workplaces like factories, refineries, foundries and shipyards involve high amounts of heat, and were built with a lot of asbestos.

People who worked in these industries or professions prior to 1982 may be at risk of developing significant health problems:

Construction	Factories	Foundries	Refineries	Shipyards	Mining / Milling
Demolition	Insulation	Steelworkers	Pipe Fitting	Shipbuilding	Mechanics
Roofing	Textiles	Iron workers	Boilers	Firefighting	Brake Repair
Flooring	Cement	Electricians	Gasket Repair	Railroad	HVAC

Mesothelioma Cancer Claims

Mesothelioma is a rare and aggressive form of cancer directly linked to asbestos exposure. Its symptoms are debilitating and include a wide variety of issues including chest pain, shortness of breath, and extreme fatigue.

There are three primary types of mesothelioma, including:

Pleural mesothelioma: This affects the lining of the lungs
Peritoneal mesothelioma: This form of the cancer develops in the abdomen
Pericardial mesothelioma: Lastly, this type affects the lining of the heart.

Treatment is complicated and costly and can include chemotherapy, radiation therapy, immunotherapy, and surgery.

As such, those suffering from mesothelioma may be able to obtain compensation for their medical costs. There are a variety of mesothelioma compensation options available to victims and their families, including legal settlements, jury awards, trusts, and other forms of compensation.

If you or a loved one have been victimized by asbestos exposure and have developed mesothelioma, it’s important to be aware that you may be eligible for financial compensation due to the medical costs and lost wages caused by this illness.

Mesothelioma cancer claims typically fall under personal injury or wrongful death lawsuits. Compensation can be pursued from asbestos manufacturers, employers, or other parties responsible for the exposure. It is important to act quickly as statutes of limitations apply, which vary by state.

In addition to lawsuits, mesothelioma victims may also be eligible for compensation from asbestos trust funds. These funds were established by companies that manufactured or used asbestos-containing products and have since filed for bankruptcy. Trust funds can be a valuable source of compensation for victims, but the process of filing a claim can be complex, requiring extensive documentation and evidence of exposure.

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Asbestosis Claims

Asbestosis is a chronic lung disease directly tied to exposure. It is characterized by inflammation and scarring of the lungs, which can lead to respiratory problems and other health issues. Much of the time, those with asbestosis have difficulty breathing and can’t work normally.

Treatments typically involve medication, oxygen therapy, and many other costly procedures. Victims of asbestosis may be eligible for compensation through personal injury lawsuits or workers’ compensation claims, depending on the circumstances.

Like mesothelioma victims, asbestosis sufferers may be eligible for compensation from asbestos trust funds. And as with mesothelioma claims, the process of filing a claim can be complex and lengthy, requiring extensive documentation and evidence of asbestos exposure.

Asbestosis claims may also involve trust funds established by bankrupt asbestos companies, which can provide a source of compensation for victims. It is crucial to act promptly due to statutes of limitations. To maximize chances of success, it is always best to work with an experienced attorney who can guide their clients through the complex legal process.

In some cases, asbestosis victims may also be eligible for Social Security Disability (SSD) benefits or Veterans Disability compensation. These benefits can provide additional financial support for those who qualify.

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FELA Claims

The Federal Employers Liability Act (FELA) protects railroad workers, specifically, who have been injured on the job, including those suffering from asbestos-related diseases. FELA claims differ from workers’ compensation claims, as they require proof of employer negligence. FELA lawsuits can be brought against employers who’ve failed to provide safe work environments or who fail to warn workers about the risks of asbestos exposure.

If a railroad worker can demonstrate that their employer failed to provide a safe work environment, they may be eligible for compensation under FELA. Compensation can include medical expenses, lost wages, pain and suffering, and other rewards for damages. FELA claims can be complex, so it is essential to consult with an experienced attorney.

One advantage of FELA claims is that they often result in higher payouts than traditional workers’ compensation claims. This is because FELA allows for a broader range of damages, including those for pain and suffering, which are not typically available under workers’ compensation.

Maritime Claims

Maritime workers, such as shipyard workers, seamen, and longshoremen, are at risk of asbestos exposure due to the widespread use of asbestos in shipbuilding and repair. This risk is heightened by the fact that many of these workers may be exposed to asbestos on a daily basis. Moreover, oftentimes, workers in these environments are not made aware of the risks they face every day.

Maritime claims for asbestos exposure may fall under the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), or general maritime law.

The Jones Act provides compensation for injured seamen, while the LHWCA covers other waterfront workers. To pursue a maritime claim, it is crucial to establish that the employer ‘s negligence or the unseaworthiness of a vessel contributed to the asbestos exposure. Compensation can include medical expenses, lost wages, pain and suffering, and other damages.

Maritime claims can be complex, requiring a thorough understanding of both maritime laws and the specific circumstances surrounding the exposure. For the most successful outcome, it is essential to work alongside a proficient and practiced maritime lawyer who is also familiar with asbestos claims and can help guide a client through the legal process.

Individuals suffering from asbestos-related diseases may be eligible for Social Security Disability (SSD) benefits. To be eligible for SSD, one must have a qualifying medical condition, such as mesothelioma or asbestosis, and meet specific work requirements.

When filing a Social Security Disability claim, it is important to provide detailed medical information and evidence of asbestos exposure. An experienced attorney can help navigate the Social Security Disability system and maximize chances of success.

If a claim is approved, the victim can receive monthly financial assistance to help cover living expenses and medical costs. The amount of benefit received will depend on work history and the severity of the resulting medical condition. In addition to monthly benefits, a person may also be eligible for Medicare coverage, which can help offset the cost of medical treatments.

It is important to note that the SSD application process can be lengthy and involve multiple stages, including potential appeals. Working with a knowledgeable attorney or advocate can increase one’s chances of a successful claim and assist with navigating the process more efficiently.

Veterans Disability Claims

Many veterans were exposed to asbestos during their military service, particularly those who served in the U.S. Army, Navy, or Coast Guard. Veterans with asbestos-related diseases may be eligible for disability compensation through the Department of Veterans Affairs (VA).

To qualify for VA disability compensation, a veteran must demonstrate that their asbestos-related condition is connected to their military service. This can involve providing medical records, service records, and other documentation that supports the claim. If successful, they can receive monthly compensation based on the severity of their disability, as well as access to VA healthcare and other benefits.

Like Social Security Disability claims, the VA disability compensation application process can be complex and lengthy. A knowledgeable VA attorney or advocate can help a former service member navigate the process and maximize chances of success.

Workers’ Compensation Claims

Workers’ compensation is a state-regulated insurance program that provides financial benefits to employees who have been injured or developed illnesses as a result of their job. Workers who have developed asbestos-related diseases, such as mesothelioma or asbestosis, may be eligible for workers’ compensation benefits.

Workers’ compensation claims typically cover medical expenses, lost wages, and disability benefits, depending on the severity and duration of the illness. In some cases, workers’ compensation may also provide vocational rehabilitation services, helping the affected worker to retrain for a different job if they are unable to return to their previous occupation due to their asbestos-related condition.

To file a workers’ compensation claim, it is crucial to report an asbestos-related illness to one’s employer as soon as possible, as there are often strict deadlines for filing a claim. An individual will also need to provide medical documentation associated with the condition and evidence that exposure occurred during one’s tenure of employment.

It is important to note that workers’ compensation laws and benefits vary by state, so the specific process and eligibility requirements may differ depending on a person’s employment location. Additionally, in some cases, workers’ compensation may not cover the full extent of damages, such as pain and suffering, which could be pursued through a separate personal injury lawsuit.

Even lifelong smokers can collect compensation for asbestos damage.

Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers.

This isn’t true under the laws of many states.

Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos.

Get the Help You Need for Asbestos Exposure Claims

Asbestos exposure has had devastating consequences for many individuals and their families. Fortunately, there are several legal avenues available to seek compensation for the resulting health issues. Mesothelioma cancer claims, asbestosis claims, FELA claims, maritime claims, Social Security Disability claims, Veterans Disability claims, and workers’ compensation claims all provide opportunities for victims to receive financial assistance and support.

Navigating these various compensation options can be challenging, but working with experienced attorneys and advocates can significantly increase one’s chances of success. By understanding the different types of asbestos exposure compensation claims, an individual can make an informed decision about which avenue is best-suited to their unique circumstances and needs.

If you or a loved one has been exposed to asbestos, it is important to speak with an experienced attorney as soon as possible. A knowledgeable attorney can help you explore legal options and get the compensation you deserve.

AsbestosClaims.Law

For Justinian C. Lane, getting compensation for asbestos victims is personal.

Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.

At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.

Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones.

If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.

This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being.

There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)

If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.

In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.

There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.

If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.

Introducing the largest database of asbestos information on the planet.

W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.

Mott FE. Mesothelioma: a review. Ochsner J. 2012 Spring;12(1):70-9. PMID: 22438785; PMCID: PMC3307510.
Kara Franke & Dennis Paustenbach (2011) Government and Navy knowledge regarding health hazards of asbestos: A state of the science evaluation (1900 to 1970), Inhalation Toxicology, 23:sup3, 1-20, DOI: 10.3109/08958378.2011.643417