How to Get Compensation for Mesothelioma

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HomeArticlesCommunityMy Profile WH.translationData = {};WH.mergeLang({'navlist_collapse': '- collapse','navlist_expand': '+ expand'});EditHome » Categories » Health » Conditions and Treatments » CancerHow to Get Compensation for MesotheliomaEdited by Laura, June

Pin ItArticle EditDiscussMesothelioma is a rare form of cancer affecting the lungs, abdomen, or heart[1]. It is usually caused by exposure to asbestos; therefore, those diagnosed with it may have a claim for compensation against the party or parties responsible for the exposure. If you or a loved one has been diagnosed with mesothelioma, you can get compensation by following the steps below.

Edit Steps1Determine when you were exposed to asbestos. While your doctor will not be able to provide you with an exact date of exposure, he or she should be able to provide you with an approximate year or years in which you may have been exposed. Ask for his or her best guess.2Determine where you were exposed to asbestos. Asbestos is sometimes found in the insulation in older homes and in the air and soil around power plants, factories, shipyards, vermiculite mines, and steel mills. Many people who have been diagnosed with mesothelioma were exposed to asbestos in the workplace. If you ever worked with mining or milling materials, fireproofing the superstructures of building or ships, maintaining railroad or automotive brakes, insulating pipes and/or ductwork, near a road paved with crushed serpentine stone, or handled the work clothes of asbestos miners or millers, you may have been exposed at work, as well[2].3Determine who is responsible for the exposure. No matter where you were exposed to asbestos, someone may be responsible for your exposure. If you can into contact with the asbestos at work, your employer may be responsible, as well as any third party manufacturer of the asbestos containing products. To determine who is responsible for your exposure, answer these questions:Where was the asbestos? Did you work directly with asbestos or was it located somewhere in the environment? In what product was the asbestos?How did you come into contact with the asbestos? Did you breathe it in while performing your duties at work, handle it directly, or handle the clothing of someone who worked with asbestos?Who might be responsible for the asbestos being located where it was? Did a contractor use it in the insulation of your home or did your company use products containing asbestos?4If your employer may be responsible for your asbestos exposure, you will need to file a claim for workers compensation. How you do that depends on whether your employer is a federal agency or not. If your employer:Is a federal agency, you may be eligible for federal employees’ compensation. For more information, or to file your claim, visit the U.S. Department of Labor’s (“DOL”) Federal Employee Compensation Act – Frequently Asked Questions.Is not a federal agency, you may be eligible for state Worker’s Compensation. Because the laws in each state are different, you will need to contact your state Worker’s Compensation Board for information and to file a claim. You can find your Workers’ Compensation Board by selecting your state on the State Worker’s Compensation Officials map provided by the DOL.5Determine if you have a claim against someone other than your employer. If someone other than an employer is responsible for your asbestos exposure, you may have a claim for personal injury against that party. To have a claim for personal injury you will need to establish that the other party, called the Defendant was negligent. To establish negligence, you must prove that:The Defendant, had a duty of care. People have a duty of care towards those with whom they come into contact. For example, when driving a car, a driver has a duty to use reasonable care in order to avoid injuring pedestrians and other drivers. Companies, who produce products, have a duty of care to ensure that those products are safe to people to use.The Defendant breached said duty of care. When a company does not use reasonable care to ensure their products are safe for people to use, they have breached their duty of care.You were injured. You will have to prove that you have mesothelioma in order to win your suit and be compensated.The injury was caused by the breach of duty. Causation is the most disputed element of negligence claims. It does not matter how negligent a person or company is, they are not responsible for your injures unless the negligence caused them.6File a lawsuit against the party responsible for your asbestos exposure. To file a suit you will need to:Ascertain which Court is proper to file your suit. A lawsuit must be filed in the proper Court or it may be dismissed. A personal injury suit should be filed in the county and state in which the Defendant or any one of the Defendants, if there are more than one, resides.Prepare suit initiating documents. Any lawsuit begins with the filing of a Complaint and Summons. Depending on the county and state where the suit is filed, there may be other forms you are required to file along with your Complaint and Summons. Check with your state or county court’s website or visit the Clerk’s Office. You can locate your state and county courts by selecting your state from the State Governments list provided by the Internal Revenue Service (“IRS”).File your pleadings with the Court. Once you have a Complaint, Summons, and all other required documents prepared, call the Clerk’s Office for the amount of the filing fee, accepted methods of payment, and required number of copies for each document. Make the appropriate copies and take them and your filing fee to the Clerk’s Office where a staff member will assist you in filing everything with the Court.

Edit TipsEven if your employer is responsible for your asbestos exposure, someone else, such as the manufacturer of the asbestos containing product, may be partially responsible as well.

Edit WarningsThe Worker’s Compensation program is meant to protect employers from lawsuits for work related injuries and illness. In most states, a workers only remedy for work related injuries, such as mesothelioma, is Worker’s Compensation, if the sole responsible party is the worker’s employer.

Edit Sources and Citations? http://www.mayoclinic.com/health/mesothelioma/DS00779? http://www.cancer.gov/cancertopics/factsheet/Risk/asbestosArticle Info Featured Article

Categories: Featured Articles | Cancer

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