Mesothelioma Compensation
Asbestos-related diseases sufferers have a right to receive compensation. Compensation amounts are determined by the severity of the diagnosis and the asbestos trust fund that the patient filed with.
Your lawyer will look over your medical and employment history to determine the extent of your risk. They will then determine which products and companies to include in your claim.
Occupational Exposure
In the past, asbestos exposure was a significant problem for workers in different industries. Even though asbestos is not used in many industries, the risk of exposure exist for those exposed. The exposure to asbestos at work can lead to serious illnesses like mesothelioma.
Asbestos fibers are broken into tiny pieces that can float in the air and stick to clothing and other objects. These fibers pose a risk when inhaled or ingested. Mesothelioma, and other asbestos-related ailments, can develop in the lungs, heart or in other places. People who are most exposed to asbestos at work could develop these conditions especially when they were younger and still working. Mesothelioma typically takes between 20 and 50 years to develop, therefore many people are diagnosed during their later years of retirement or after completing work that had a significant asbestos exposure.
The risk of mesothelioma resulting from occupational exposure peaked in the 1960s and 1970s, but this type of exposure persists today. Workers still find asbestos-containing materials in a variety of buildings, homes and other locations. Asbestos is found in a variety of construction materials including flooring and insulation. Workers in new construction, as well those who are involved in demolition and renovation projects, are at risk. Workers who work with shingles or roofing materials are also at risk.
Workers in factories also risk exposure to asbestos. They include machinists, mechanics of certain types and others. In the past, asbestos was employed in many factories to make paper, textiles and chemicals. These types of factories are no longer operating in the present.
Shipbuilders were a different group that was susceptible to exposure to asbestos. Ships were built with asbestos throughout history to provide insulation and shield them from fires. This is why mesothelioma is often associated with the Navy.
Asbest exposure poses a threat for first responders, such as firefighters. Asbest is destroyed by fires and the fibers could become airborne. Some firefighting gear is also composed of asbestos. This form of asbestos exposure increases the risk of mesothelioma in emergency personnel. Other workers may carry asbestos particles on their hair, clothing or skin and expose their family members to asbestos exposure.
Premises Liability
There are also claims that deal with non-occupational asbestos exposure. These claims are usually related to asbestos being used in homes, schools and other buildings. The presence of asbestos in these areas exposes occupants to the risk of developing serious respiratory problems. These conditions can lead to mesothelioma, mysothelioma pleural or other asbestos-related illnesses. In these cases, the victims and their families are able to bring a lawsuit against the property owner.
As the dangers of asbestos were made clear, laws protecting workers were passed to protect workers. The laws were limited, but not completely banned the use of asbestos. Asbestos-based products were still used in construction projects across the United States, exposing workers to asbestos.
Asbestos-related illnesses can take a number of years to appear. This makes them difficult to diagnose. Symptoms typically begin in the lungs and often affect other organs like the stomach, heart, or liver. The first signs of symptoms can be a bit confusing and frightening for patients and their families.
If a person has lived in a home or other residence that contained asbestos airborne the victim might be in a position to file a lawsuit against the landlord under premises liability. This type of suit could result in compensation for medical expenses as well as pain and suffering, and lost income. Compensation may be available for loss of companionship or the consortium of a spouse.
A plaintiff must prove that the owner of the property owed an obligation to ensure that the premises reasonably secure. This requires the plaintiff prove that the landlord knew of and did not address the presence of asbestos in the building.
The plaintiff must also demonstrate that asbestos caused illness or injury. In addition to demonstrating an actual injury, the plaintiff has to demonstrate that there was a reasonable risk of harm due to asbestos injuries compensation fund the presence of asbestos in the premises.
The state legislatures of several states debated reforming asbestos. Presently, Ohio is the only state that has a comprehensive law. Its law clarifies the concept of premises liability and clarifies claims made by those who are not ill. It clarifies the piercing of corporate veil doctrine as well as a physical impairment requirement.
Mesothelioma
Mesothelioma, which is a rare but aggressive cancer is a disease of the mesothelium, which forms the inner organs of the body. The most common mesothelioma type is mesothelioma that is pleural, and targets the lungs. It can also occur in the membrane lining the stomach (peritoneum) or, in very rarely, the heart (pericardium) and around the testicles. Mesothelioma symptoms typically don't manifest until the late stage and this is why it is often difficult to recognize.
The only way to determine mesothelioma is by performing a biopsy, which involves taking a sample from the affected tissue for testing. Typically, doctors will only recommend this procedure if they believe that the patient might have mesothelioma, as more common conditions such as asthma or chest pain are often mistaken for this disease. A biopsy is also a way to differentiate between the different types of mesothelioma. This is important as the prognosis of each differs. Epithelioid Mesothelioma for example, is more sensitive to treatment. It is responsible for 70% to 80 percent of cases. Sarcomatoid Mesothelioma is less susceptible to treatment and has a an earlier life time.
A person who is diagnosed with mesothelioma may receive compensation under a variety of government programs. For instance an individual could be eligible for Industrial Injuries Disablement Benefit from the Department for Work and Pensions or be able to bring a personal injury lawsuit against the companies responsible for their exposure to asbestos. These lawsuits seek to recover financial compensation for the victim's family members or the victims.
Mesothelioma lawsuits seek to bring companies to account for their conduct, including failing to warn workers and consumers of asbestos' dangers. These lawsuits can involve an intricate legal process that may take years to settle.
Asbestos victims should seek legal help from a law firm that is skilled in representing those suffering from asbestos-related illnesses. An attorney for mesothelioma will examine the case of a client to determine their exposure and to identify potential defendants. They will have experience of filing lawsuits against asbestos companies who knew or ought to have known about the risks of asbestos.
Lung Cancer
Asbestos is a naturally occurring mineral that is found in nature, was used in the past as an insulation, fire retardant material, and roofing. However, when asbestos containing materials are damaged or disturbed, tiny fibers can be released into the air and inhaled by workers. This can cause a number serious illnesses, such as mesothelioma and lung cancer.
Lung cancer caused by asbestos is a different condition from mesothelioma, and is not as known. The main cause of lung cancer is smoking tobacco. Studies have linked asbestos exposure to lung cancer. The risk increases as the exposure levels increase.
The link between asbestos exposure and lung cancer is a complex one. According to some research asbestos exposure can trigger cell damage that can lead to genetic mutations. Furthermore, the cytotoxic qualities of asbestos could cause proliferative lesions that are not able to be phagocytized by macrophages. This can lead the formation of free-radicals that are genotoxic and can alter DNA.
Several studies have shown that different types of asbestos have different dangers. Amphibole asbestos, for instance, is thought to be more harmful than the chrysotile form. Studies have also revealed that women who have been exposed to asbestos are more likely to develop cancer of the ovary. Asbestos is also associated with laryngeal cancer, colorectal cancer, and esophageal cancer.
Compensation may be available to those who have been diagnosed as having mesothelioma or lung cancer or any other asbestos-related disease. Compensation can help pay for medical expenses as well as replace lost income, and offer a bit of peace of mind. A mesothelioma lawyer with experience can assist in the investigation of asbestos exposure claims.
Veterans who have been diagnosed with asbestos-related illnesses are likely to receive disability benefits from the Department of Veteran Affairs. The VA uses a rating system for disability to determine the amount of money that an individual is entitled. The VA employs a disability-related rating system to determine the amount of an individual is entitled to.
In general the greater a person's disability rating, the more compensation they are eligible for. Veterans must submit a complete medical evidence that proves their diagnosis to be awarded the highest rating. This includes copies of results from a pathology.