Even though you may have been exposed to asbestos, that does not mean that you should automatically file a lawsuit. In the situation where you have not yet been diagnosed, you should notify your doctor that you have been exposed to asbestos and seek medical aid as soon as you notice a change in your health.
On the other hand, it would be worth your while to file a lawsuit if your doctor has diagnosed you with an asbestos-related disease, such as mesothelioma. These types of injuries are severe and deserve compensation for the damages that the asbestos caused. If you have been diagnosed with an asbestos-related disease, it is highly recommended that you seek the assistance of an experienced asbestos lawyer.
What Happens When You File an Asbestos or Mesothelioma Lawsuit?
When you file a mesothelioma or asbestos civil lawsuit, what happens next depends on what kind of claim you filed. Many mesothelioma or asbestos exposure diagnoses happen after a manufacturing, factory, industrial, or construction worker is exposed to asbestos.
Workers’ Compensation for Mesothelioma or Asbestos Exposure Claims
When this happens, you may be entitled to financial compensation through your construction company or employer’s workers’ compensation insurance provider.
To qualify, you must be considered an employee. This does not mean you need to work a minimum of 40 hours a week or have been employed by your company for at least 90 days. From the day you are hired as a temporary, seasonal, part-time, or full-time employee, you should be covered by your employer’s workers comp protection coverage.
If you are exposed to asbestos or develop mesothelioma due to your work environment, you may be able to collect workers’ compensation benefits. The insurance company will provide you with specific types of benefits once your claim has been approved. Some of the benefits you may be able to collect include:
- Medical expenses – The insurance company will cover every medical expense related to your injuries. If you need chemotherapy or radiation to combat your mesothelioma, the insurance company should cover these costs.
- Psychological expenses – You may also require mental health counseling and ongoing medical treatment to combat your symptoms. You can expect the insurance company to cover every medical bill related to your asbestos exposure or mesothelioma diagnosis.
- Weekly disability benefits – South Carolina law requires insurance companies to compensate employees for occupational illnesses at approximately 2/3 of their average weekly salary. You can typically collect these benefits until you meet or exceed the maximum number of weeks allowed based on your condition or until you are well enough to return to work on a light-duty or full-time basis.
- Vocational rehabilitation costs – It is not unusual for Mesothelioma and asbestos exposure illnesses to have a devastating impact on victims’ lives. If you need job training or education so you can find work in another industry, the insurance company will be required to provide you with vocational rehabilitation benefits.
- Death benefits – If you ultimately succumb to your symptoms as they relate to your asbestos exposure or Mesothelioma diagnosis, your surviving family members may be entitled to collect death benefits. The insurance company will also cover your funeral and burial expenses so your family is not forced to absorb these losses in addition to dealing with the emotional trauma of your diagnosis and death.
What Happens if Your Workers Comp Claim Is Denied?
If you do not qualify for workers’ comp or your workers’ comp benefits do not provide enough compensation to meet your needs, you might file a claim with the at-fault party’s insurance company or a civil lawsuit against those responsible for your asbestos exposure.
When these parties are not clear, having an experienced workers’ compensation attorney or personal injury lawyer analyze the details of your case could make all the difference in your opportunity to recover the compensation you deserve.
Reach Out to a Top-Rated Asbestos Attorney at Shelly Leeke Law Firm for Help Today
Your mesothelioma or other-related diagnosis may be taking over your life. Explore your legal options for financial relief when you call an asbestos exposure attorney at Shelly Leeke Law Firm for a 100% free consultation. You can reach us by phone or through our online contact form to get started today.
