{"id":13677,"date":"2023-05-17T17:08:58","date_gmt":"2023-05-17T23:08:58","guid":{"rendered":"https:\/\/www.asbestosclaims.law\/?post_type=blog&p=13677"},"modified":"2023-07-25T12:19:46","modified_gmt":"2023-07-25T18:19:46","slug":"asbestos-exposure-and-workers-compensation-claims","status":"publish","type":"blog","link":"https:\/\/www.asbestosclaims.law\/es\/asbestos-blog\/exposicion-al-asbesto-y-reclamos-de-compensacion-laboral\/","title":{"rendered":"Asbestos Exposure and Workers\u2019 Compensation Claims"},"content":{"rendered":"\n

Workers\u2019 compensation claims refer to a claim filed by an employee against the employer for on-the-job asbestos exposure. In the case of asbestos, this claim is filed mainly for compensation for health problems related to exposure. However, workers\u2019 compensation is a complicated minefield, which requires finesse and understanding of the process to navigate properly. <\/p>\n\n\n\n

For instance, by filing for workers\u2019 compensation, a person essentially waives their right to file a lawsuit against their employer. That means it\u2019s important to work with a competent, qualified, and experienced asbestos lawyer who can help clients understand the nuances and read in between the lines to get the compensation they deserve before closing off alternatives.<\/p>\n\n\n\n

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If you may have been exposed to asbestos, even when you were a child, speak to your healthcare provider about tests and screening to help detect the presence of asbestos fibers and <\/strong>asbestos-related diseases<\/strong><\/a>.<\/strong><\/strong><\/strong><\/strong><\/p>\n<\/div>\n<\/div>\n\n\n\n
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History of Workers\u2019 Compensation and Asbestos<\/h2>\n<\/div>\n\n\n\n
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The history of asbestos with regardings to exposure risk and the compensation associated with this would make a conspiracy theorist\u2019s day. By the early 1900s, there was evidence proving that asbestos could cause illness and eventually lead to death. However,  it was considered a \u201cmiracle mineral\u201d and, thus, the profits associated with it were enormous. Therefore, companies decided to ignore the blatant evidence they had and instead sweep documentation under the rug. The status quo was maintained until the mid-1980s when the risks became widespread knowledge and they could no longer be ignored.<\/p>\n\n\n\n
Asbestos company doctors were advocating for workers\u2019 comp<\/a> but companies ignored the issue in favor of profits. The use of asbestos was a major driving force behind the Industrial Revolution in the 1800s, so one can imagine just how many people were exposed by the time workers\u2019 comp was institutionalized. For a clearer understanding of just how serious the risk of asbestos was, one should know that it was the first industrial material regulated by the Occupational Safety and Health Administration (OSHA) after it was founded in 1970.  The fact that asbestos-related conditions have a very long latency period before symptoms manifest makes the matter even worse.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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Do You Qualify For Compensation?<\/p>\n        
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.<\/p>\n        FREE SEARCH > <\/a>\n    <\/div>\n\n\n\n
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Issues Affecting Workers\u2019 Compensation for Asbestos Exposure<\/h2>\n<\/div>\n\n\n\n
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There are many factors to consider when seeking worker\u2019s compensation. Some of these follow:<\/p>\n\n\n\n
Time<\/strong><\/h3>\n\n\n\n
One of the most critical factors to keep in mind when filing for workers\u2019 comp<\/a> is time. Before issuing compensation, a company will try to ascertain whether a claimant\u2019s injury was present within a specific timeframe. Each state has different guidelines that govern eligibility for asbestos exposure workers\u2019 comp<\/a>, and depending on one\u2019s medical condition, they may qualify (or fail to qualify) for funds without having to present tangible proof. For instance, mesothelioma has a higher latency period compared to other asbestos-related conditions and may not fall within the set timeframe required.<\/p>\n\n\n\n
Amount of compensation<\/strong><\/h3>\n\n\n\n
There is a set maximum for workers\u2019 compensation payouts. Even including punitive damages, the money offered by workers\u2019 comp may not be sufficient to cover medical bills and lost wages. Punitive damages are money awarded by the court in cases where the employer lied or hid evidence about the danger that caused harm to the employee. But, of course, a lawsuit must be filed in order to seek these damages, and not all plaintiffs are awarded punitive damages.<\/p>\n\n\n\n
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“The overall evidence suggests there is no safe level of asbestos exposure.\u201d<\/h3>\n                            
Source: National Cancer Institute\n<\/a> (NIH)1<\/sup><\/p>\n                        <\/td>\n                    <\/tr>\n                <\/tbody>\n            <\/table>\n        <\/div>\n    <\/div>\n<\/section>\n\n\n\n
Proof<\/strong><\/h3>\n\n\n\n
Before being awarded worker\u2019s compensation, one must usually prove that the asbestos exposure happened while on the job and that exposure definitively caused the health issues experienced. Both of these criteria are difficult to prove, especially in cases where the case is made decades after exposure, which is common.<\/p>\n\n\n\n
Work records can be used to prove that an individual was working at a particular site with proven asbestos exposure or using products that contained asbestos. Similarly, medical records can be used to show that the health problems<\/a> were the result of asbestos exposure. However, this usually requires the patient to fall into specific symptomatic criteria or show definitive evidence of on-the-job injury.<\/p>\n\n\n\n
The Helsinki criteria can be used to evaluate whether an individual developed an illness due to exposure. It shows that patients of Asbestos Related Lung Cancer (ARLC) who, on average, are older than 72 years, are more likely to be diagnosed as a result of incidental screening programs, and plaques are the most prevalent diagnosis.<\/p>\n\n\n\n
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Second-hand asbestos exposure (Secondary Asbestos Exposure)<\/h2>\n<\/div>\n\n\n\n
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Even the workers\u2019 families were affected due to secondhand exposure\u2014asbestos fibers are extremely durable and can cling to skin and clothing, traveling great distances with those directly exposed.<\/p>\n\n\n\n
Asbestos fibers have no taste or smell, and can be microscopic, so you may not realize you were breathing them.<\/h4>\n\n\n\n
Unfortunately, many workers\u2019 families and other household members were exposed to asbestos as well, as asbestos was brought home daily in neighborhoods across the U.S. on work-clothing<\/strong>. <\/p>\n\n\n\n
This is often known as secondary or second-hand asbestos exposure<\/a> (or domestic \/ household family asbestos exposure). In studies of asbestos disease, 1 in 5 cases of asbestos exposure were caused by secondary asbestos exposure.2<\/sup><\/p>\n\n\n\n
But spouses and children can also receive a share of the $30 Billion in asbestos trust compensation if they were exposed to asbestos brought into the house or family vehicle by a worker.<\/h3>\n\n\n\n
Second-hand exposure<\/strong><\/h3>\n\n\n\n
Workers\u2019 compensation for asbestos exposure doesn\u2019t cover second-hand exposure. It can only be used for direct exposure in an employer-employee dynamic. Fortunately, victims of second-hand exposure may qualify for asbestos trust funds. Asbestos trusts provide more compensation and are faster and easier to handle, in general.<\/p>\n\n\n\n
Statute of limitations<\/strong><\/h3>\n\n\n\n
This limits the amount of time that can pass before a person files for workers\u2019 compensation. Immediately after diagnosis of an asbestos-related condition, a claimant should consult with their asbestos lawyer for advice on whether it\u2019s appropriate to file for workers\u2019 compensation or pursue other alternatives instead. Keep in mind that the statute of limitation starts from the date of known injury. In wrongful death cases, the statute of limitations begins immediately after the date of death of a loved one.<\/p>\n\n\n\n
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