Workplace safety has been a major issue in many states worldwide. Several decades ago, the workplaces were filled with occupational hazards, affecting employee health both short and the long term.
Despite the enforcement of state laws, many such issues remain unaddressed.
One of the most prominent and dangerous workplace hazards is the development of cancerous asbestos diseases. Asbestos is a naturally occurring silicate mineral that is a popular manufacturing material.
The material acquired an important status during the industrial revolution. Its use became quite common in that era.
However, working with asbestos has proved detrimental to the worker’s health. The matter is complicated because its harmful effects were discovered as late as the 20th century.
Scientific research established a direct link between asbestos and lung diseases in 1920. However, it took 80 years for states to ban the usage of the material completely.
Despite facing a complete ban by 1999, it is still used in many manufacturing companies.
Employees who work with asbestos develop cancerous diseases. Their health suffers greatly, and the cost of medical bills may take a major portion of their savings. However, there is a solution.
If you have been diagnosed with such illnesses, you can make a legal claim for compensation for all the medical charges.
States worldwide now uphold specific laws regarding cancerous diseases developed due to asbestos.
However, there are still many complications that prevent the affected person from easily claiming compensation.
One factor that complicates asbestos lawsuit payouts is that such diseases can manifest from several years to a decade.
Such complications lead to other hurdles in the way of legal compensation. Since the disease manifests after some time, a company sued by an employee might have stopped trading a while ago.
If you wish to file a claim for asbestos compensation, the article will guide you through the process. It is imperative to remember your basic rights and how the law facilitates you regarding such matters.
1. Determine the Type of Case
You should determine the type of case you want to file. The most common type of case is personal injury compensation.
If you are an employee and suffer from an asbestos-related disease, you can file a personal injury claim. Juries can award you monetary compensation for treatments and other expenses, depending on your case.
If you are pressing charges for a relative who has passed away due to asbestos-related disease, your case falls in the wrongful death claim.
If the company goes bankrupt or has stopped its operations, you can opt for special trust funds for asbestos-related compensation.
2. Find a Reliable Attorney
As mentioned earlier, the asbestos lawsuits differ from case to case. These laws are also different in various states.
To further complicate the matter, the timelines also differ depending on the case and which country you are from.
If you are filing for claims, you will want to avoid all the complexities and case-related complications. The best way to do that is to find a suitable lawyer for compensation. There are many ways to do so.
You can begin by asking your former colleagues. There is a fair chance that you aren’t alone in your condition. The former colleagues you worked with might pass through the same situation.
They are also in the pursuit of attorneys for the matter. The combined effort is always better in such cases. There are also helpful websites like Nolo that can prove to be a great help in finding the relevant attorneys.
You can also investigate online. Google is a great source in the matter. There are many capable lawyers available on the web, awaiting your call.
3. Get Your Case Reviewed
Before proceeding with the lawsuit, you should get your case reviewed. You can do it before or after you have hired an attorney. Alternatively, you can contact the services of a law firm.
It is imperative to get in touch with a firm specializing in asbestos-related cases. Make sure to discuss all the legal options and determine your eligibility.
Typically, an asbestos law firm doesn’t charge you upfront. It will only get its payment once you get compensation. When your case is deemed valid, you can continue further.
4. Coordinating With Legal Team
After going through the process, the next phase of claiming your compensation will begin. You will have to cooperate actively with your attorney and the other legal team members. They might be your medical experts, investigators, and paralegals.
Your legal team will search for all evidence and proven medical records to host a strong case. Your legal team aims to gather information on which company is responsible for your asbestos-related illness.
You can participate in the process through active collaboration. Ensure to assist in the process and provide all the legal documents.
You can also reach out to your former colleagues for collaborative efforts regarding evidence gathering.
5. Filing the Lawsuit
After everything is ready, your legal team will give you the green signal to move forward. You can now file a lawsuit for compensation.
Your lawyer will identify the defendants. These defendants need to respond within a given time span. Failure to do so will result in the loss of the case. Your former colleagues, loved ones, or close relatives can provide testimonials to help your case.
You must go to the option of a settlement. Increased lawyer fees might pose a greater risk if you pursue a trial. It might harm your case.
The settlement times can vary and will be negotiated by your lawyer. In some cases, it can take months, while some can be settled within weeks. It depends on the company, as well as your specific situation.
6. Receive the Compensation
After going through the process systematically, you will likely win the case. After agreeing on a proposed settlement amount, you can sign off the necessary paperwork to receive the amount.
Though each case is different, the lawsuits can award compensations within 90 days. The average timeline for such a lawsuit is around 12 months. The compensation amount is usually from 1 million USD to 1.4 million USD.
Conclusion
Asbestos-related illness results from a manufacturing company’s employee working closely with hazardous mineral asbestos.
Due to state laws regarding workplace safety, the affected employees can claim compensation for medical bills and necessary expenditures.
To successfully receive compensation, the concerned person should go through proper channels. It includes hiring a lawyer, getting in touch with relevant people, verifying the case, and filing the lawsuit. The amount of compensation and required time varies from case to case.
