If you develop a work-related illness, such as mesothelioma from asbestos exposure, you may be eligible to file a workers’ compensation claim through your employer. However, the rules for mesothelioma and workers’ compensation across states vary, and it is important to know how your state’s laws apply to your situation. It’s a good idea to hire a mesothelioma lawyer as soon as possible after diagnosis so they can help with your case.
Mesothelioma and Workers’ Compensation Across States
Most states in the US require private sector employers to have workers’ compensation insurance. This insurance provides financial relief to injured workers while protecting their employers from civil liability for damages. When a workplace injury occurs, or when an employee develops a work-related illness serious enough for them to miss work for an extended period, the employee is usually eligible to file a claim for workers’ compensation benefits through their employer.
Every state enforces different workers’ compensation laws, so not all employers are required to have this insurance. Additionally, there are different mesothelioma laws in several states, some of which in your state may apply to your specific mesothelioma case.
The American Cancer Society reports that there are roughly 3,000 mesothelioma diagnoses nationwide each year, and the majority result from asbestos exposure at work. However, it can take a very long time for mesothelioma to cause noticeable symptoms, so a diagnosis today could be the result of asbestos exposure that happened decades ago. If you intend to file a claim for workers’ compensation for mesothelioma, you must prove it is a direct result of your work.
Filing a Workers’ Compensation Claim for Mesothelioma
Filing a workers’ compensation claim is typically similar to filing any other type of insurance claim, except your employer plays an active role in this process. Most employers facilitate their employees’ workers’ compensation claims in good faith, but you should consult an attorney if your attorney refuses to provide you with the information and materials needed to file your claim.
As part of your claim review process, most workers’ compensation insurance carriers in the US require the claimant to prove that their injury or illness is directly related to their work. This can be challenging in a mesothelioma claim, as you must prove that you were exposed to asbestos at your job and that this exposure directly caused your claimed damages. Hire a mesothelioma lawyer to help you prove the most likely source of your exposure and direct your legal efforts.
Once you submit your claim and complete all prerequisites, the insurance company will deliver its decision, either approving your claim and issuing a determination of benefits or denying your claim and providing a written explanation for the denial. Your mesothelioma attorney can help make certain that your benefits determination is fair and reasonable, or they may need to help you appeal a denied claim.
Ultimately, it is worth investigating workers’ compensation insurance if you believe your mesothelioma diagnosis is the direct result of asbestos exposure you experienced at your job. This can be difficult to prove, but the team at Wallace & Graham, PA is ready to help you with your case. We can also assist with additional legal options depending on what your situation entails, so reach out to our team as soon as possible to learn how we can help.
FAQs
Is Mesothelioma Curable?
No, mesothelioma is an incurable and terminal cancer. The average five-year survival rate for all stages of pleural mesothelioma, the most common form of this cancer, is only 15%. Early detection can improve treatment efficacy, but treatment usually focuses on slowing the progression of the disease, mitigating symptoms, and preserving quality of life as much as possible. Treatment may include chemotherapy, radiation treatment, and surgery.
How Long Do I Have to File a Workers’ Compensation Claim for Mesothelioma?
The time you have to file a workers’ compensation claim for mesothelioma largely depends on your state’s laws. Generally, it’s a good idea to file your claim as soon as possible after your diagnosis. If you do not report a work-related illness or injury within the required timeframe, or if you do not file your workers’ compensation claim in time, it may be denied automatically. Consult an attorney right away for the help you need with filing your claim.
How Much Can I Receive in Workers’ Compensation Benefits?
The amount you can receive in workers’ compensation benefits depends on your state’s workers’ compensation laws and the specific details of your situation. Usually, workers’ compensation covers all medical expenses related to a work-related injury or illness and provides ongoing disability benefits while the claimant is unable to work during recovery. Your attorney can negotiate a fair determination of benefits with a workers’ compensation insurance carrier.
Can I Sue My Employer for Work-Related Mesothelioma?
You may only be able to file a claim against your employer for work-related mesothelioma under very specific conditions. If they have workers’ compensation insurance, this usually protects them from civil liability for any employee’s work-related injury or illness. However, your attorney can determine whether your employer violated applicable mesothelioma laws or if you have alternative avenues of legal recourse aside from filing a workers’ compensation claim.
Why Should I Hire a Mesothelioma Lawyer?
You should hire a mesothelioma lawyer because these are inherently difficult cases in many ways, and you need legal counsel you can trust on your side to have a better chance of reaching positive results. Your attorney can help you trace the source of the asbestos exposure that caused your mesothelioma, determine your most viable legal options, and assist you with claiming as much compensation as possible.
Ultimately, navigating the legal issues surrounding mesothelioma and workers’ compensation across states can be challenging, and you need to hire a mesothelioma lawyer with proven experience resolving cases like yours in your state. The team at Wallace & Graham, PA has represented clients nationwide in mesothelioma cases, and we’re confident we can help with yours. Contact us today to schedule a free consultation with our team.
About the author:
William M. Graham
Managing Partner of
Wallace & Graham, P.A.
William M. Graham is the Managing Partner at Wallace & Graham, P.A. in Salisbury, NC, where he focuses on mesothelioma and asbestos exposure cases. With over 30 years of legal experience, he has been admitted to the North Carolina State Bar (1991). Graham earned his J.D. from Antioch School of Law and is recognized for his dedication to clients affected by asbestos-related illnesses. His practice reflects deep expertise and commitment to client advocacy.
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