Workers’ Compensation for Mesothelioma

Workers' compensation is available to anyone who has been injured on the job.

Asbestos exposure in the workplace is the number one cause of mesothelioma. Whether you are currently working or you have been retired for a long time, if on-the-job asbestos exposure resulted in your diagnosis, then you may be entitled to mesothelioma workers' compensation benefits. You may also be able to claim other types of financial compensation for asbestos exposure.

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At a Glance: Workers’ Compensation

• Mesothelioma workers’ compensation can provide financial relief for medical bills, lost wages, and support for your family.
• State laws vary, and only some allow retired workers with asbestos-related diseases to file claims. It’s important to understand how your state handles workers’ comp.
• If you don’t qualify for workers’ compensation, other options like asbestos lawsuits, trust fund claims, and VA benefits may still provide financial relief.
• An experienced mesothelioma lawyer at Early, Lucarelli, Sweeney, and Meisenkothen (ELSM) can explain your options, help you file claims, and secure the compensation you deserve.

Asbestos Workers’ Compensation Benefits

Mesothelioma workers’ compensation protects employees who get sick because of their jobs. If your mesothelioma diagnosis is linked to asbestos exposure at work, these benefits could help you cover:

• Medical care: Workers’ comp usually covers all medical costs related to your workplace-related illness, including hospital visits, specialist care, surgery, chemotherapy and radiation, and prescription drugs.
• Partial wage replacement: If you can no longer work because of mesothelioma, workers’ comp provides a percentage of your lost wages. This is calculated based on your most recent wage, even if that wage was from many years ago. If you’ve been retired for a long time, an adjustment is made to bring your wages up to the current rate.
• Death benefits for surviving family: If you die from mesothelioma, your family may receive funeral and burial expenses as well as partial wage replacement.

Who Qualifies for Mesothelioma Workers’ Compensation?

You may qualify for workers’ compensation if you were exposed to asbestos while working and later developed any type of mesothelioma. Workers' compensation for mesothelioma is generally available for disability caused by the illness and for permanent injury to a specific body part (e.g., 20% permanent disability of each lung).

Types of Work Related Lung Injuries

There are a number of work-related lung injuries that may qualify for asbestos workers' compensation benefits. If you’ve been diagnosed with one of the medical conditions listed below and believe that it was caused from working with asbestos, you may be eligible.

Jobs with the Highest Risk of Asbestos Exposure

Individuals employed in the following places often worked in jobs at risk of asbestos exposure. If you are one of these individuals and have been diagnosed with a work-related lung injury, like mesothelioma, you may be eligible to receive asbestos workers’ compensation.

Steamfitters, boilermakers, carpenters, laborers, sheet metal workers, and welders also often worked with asbestos-containing materials.

State Differences in Mesothelioma Workers’ Compensation

In most states, if you retired before your diagnosis, you cannot file for mesothelioma workers’ compensation benefits. This creates challenges because many people are diagnosed with mesothelioma decades after exposure. Some states have stronger legal protections for workers exposed to asbestos, making it easier to file claims, receive faster processing, or recover higher payouts. These states include:

• Arizona: Retired workers may file a Workers’ Compensation claim for asbestos-related diseases within two years of diagnosis.
• Connecticut: The Supreme Court has ruled that voluntary retirement does not block workers’ comp benefits if you’re later diagnosed with an asbestos-related disease.
• Hawaii: Hawaii Revised Statute 386-82 states a workers’ comp claimant can file a claim within two years after knowledge that an injury was proximately caused by, or resulted from the nature of, their employment. This means that even if retired when diagnosed with an asbestos-related disease, a former worker can file a workers’ claim.
• Illinois: Workers and former workers who have been diagnosed with asbestos-related diseases stemming from their employment can directly sue their employers or former employers.
• Missouri: The state’s “Enhanced Benefit” language for workers’ compensation provides for enhanced weekly payments if it is shown that the claimant is permanently or totally disabled or has died from mesothelioma or asbestosis. For mesothelioma, the enhanced benefit is 300% of the state average weekly wage for 212 weeks. For asbestosis, the enhanced benefit is 200% of the state average weekly wage for 100 weeks. Of importance, there are no 3rd party setoffs for awards or settlements under the enhanced benefit provisions. A claimant may file a claim two years from the date of diagnosis against the last employer where they were occupationally exposed to asbestos.
• Pennsylvania: Similar to Illinois, workers’ comp laws allow you to sue employers for asbestos-related disease cases.
• Washington: Retired workers who are diagnosed with an asbestos-related disease cannot sue their former employer, but they are still covered by workers’ compensation if they were exposed to asbestos on-the-job, even if retired at the onset of their disease.
• West Virginia: Retired workers can sue former employers if they were diagnosed with mesothelioma after retirement. You can also file both a workers’ comp claim and a civil deliberate intent claim, which claims egregious conduct by employers requires additional compensation. These claims are often settled together.

Keep in mind that the statute of limitations to file a claim varies from state-to-state. For example, in a state with a two-year statute of limitation, a workers’ compensation claim must be filed within two years of being diagnosed with mesothelioma. It’s important to have an experienced attorney on your side throughout the process to navigate all state-specific statutes.

Alternatives to Mesothelioma Workers’ Compensation

If you don’t qualify for mesothelioma workers’ compensation, your diagnosis was the result of secondary asbestos exposure, or you want to explore more options, you may have other ways to recover money. An attorney can help guide you through the different programs and claim types.

Asbestos Lawsuits

An asbestos lawsuit allows you to hold manufacturers accountable if their products caused your mesothelioma. You may recover compensation for medical costs, lost income, and pain and suffering. A lawyer can review your work history, gather evidence, and file a lawsuit on your behalf. Family members can also file mesothelioma claims after death.

Asbestos Trust Funds

Bankrupt asbestos companies were required to set up trust funds for mesothelioma victims. You may qualify for compensation through one or more of these funds if your work history is linked to those companies. An attorney can help determine if you have a claim, file with the correct trusts, and maximize your compensation.

VA Claims

If you served in the military and developed mesothelioma from asbestos exposure, you may be eligible for VA benefits. Veterans exposed to asbestos may be able to get disability compensation, healthcare, and survivor benefits for family. A lawyer can help make the process less stressful.

How to File an Asbestos Workers’ Compensation Claim

Filing workers’ compensation for mesothelioma starts with your employer. Acting quickly and keeping good records can make a difference in whether your claim is approved. Here’s how the process usually works:

• Notify your employer: As soon as you receive a mesothelioma diagnosis, tell your employer in writing. Some states have strict deadlines, so reporting quickly is important.
• Fill out the claim form: Your employer will give you a workers’ compensation claim form. If the employer is out of business, an attorney can help track down their insurance company. You’ll provide personal details, your work history, and information about your asbestos exposure and diagnosis.
• Submit the form to your employer: After you complete your section, your employer adds their information and sends it to their workers’ compensation insurance company.
• Get the decision: The insurance company will investigate your claim and either approve it and start benefits, or deny it and give a reason.

What if Your Claim Is Denied?

If your asbestos workers’ compensation claim is denied, you may still have the right to appeal. An appeal means your case will be reviewed again, either through a hearing or a claims review process. This gives you another chance to present evidence and argue for benefits. An attorney can guide you through the appeal and represent your interests.

How ELSM Can Help

At ELSM, we will do what it takes to file your asbestos claim in a prompt, professional manner and secure the best possible outcome. Here’s how we can help you file a mesothelioma workers’ compensation claim:

• Prompt, professional, knowledgeable, and courteous attorneys and staff will analyze your potential claim and advise you regarding your rights and whether you have a viable claim.
• We will keep you up to date on what is happening with your claim and on any significant activity that occurs.
• We will fight to get the best resolution of your claim and maximize your compensation.

Our number one priority is getting you the compensation you deserve. Contact us today for a free case evaluation.

FAQs

What if my former employer is no longer in business?

If your employer is no longer in business, you can still file a claim against the insurance company that provided their workers’ compensation benefits. The insurance company, not the employer, handles the approvals and payments. An attorney can track down the correct insurer for your case.

Can I pursue both a workers’ comp claim and an asbestos lawsuit?

In some states, yes, but it depends on the laws where you live and the details of your case. A lawsuit usually provides higher compensation than workers’ comp alone. A lawyer can explain your options and whether you qualify for both.

Can I file asbestos workers’ compensation claims against more than one employer?

Yes, if you worked for multiple employers where asbestos exposure occurred, you may be able to file separate claims. Each claim would depend on proof of exposure at that workplace. A lawyer can help determine how to structure your claims.

Do all employers provide workers’ compensation?

Most employers are required by law to carry workers’ compensation insurance, but there are some exceptions. For example in Texas, most private employers are not required to provide it. In addition, independent contractors usually aren’t covered under workers' compensation policies.

How long do I have to file a workers’ comp claim after a mesothelioma diagnosis?

Deadlines vary by state, but most give you three years after your diagnosis to file. Missing the deadline could prevent you from recovering mesothelioma workers’ compensation. An attorney can help you act quickly and protect your right to compensation.