Who is Eligible for Mesothelioma Compensation

Last Updated on May 20, 2021 by MoneyVisual

If you worked for a company that knowingly exposed its workers to asbestos, therefore putting them at risk of developing mesothelioma, then you can sue the company.

In most cases, some companies are aware of the risks associated with asbestos exposure, like loss of life but choose not to protect the workers.

In some cases, companies don’t disclose the risk of asbestos, fail to perform regular testing of the working environment, or they do not provide sufficient safety information to workers to make sure they are not breathing in the dangerous substance. 

Getting compensation for mesothelioma can help victims cover medical bills associated with treatment since the cost is high. It also reduces the burden on family members, especially if they are not financially able to cover expenses. 

Mesothelioma Compensation

Mesothelioma takes a long time to develop, even 40 years. You will therefore need skilled attorneys on your defense team. Mesothelioma law firms specialize in such cases, and it will be best that you consult their attorneys for legal counsel.

These lawyers will analyze your case and explain to you the compensation you are entitled to. When pursuing legal action, victims have several options in receiving compensation.  A lawyer will study your case and decide the type of compensation you should pursue. The types of compensation you can pursue include:

Company Lawsuits

Primarily, there are two types of lawsuits that you can file against a negligent party.

  • Personal Injury Lawsuit: This lawsuit is pursued by individuals diagnosed with mesothelioma. These lawsuits aim to cover all expenses that are associated with mesothelioma, including physical and emotional suffering.
  • Wrongful Death Lawsuit: Such lawsuits are filed by family members who lost their loved ones due to wrongful asbestos exposure.  The family members will want compensation for medical expenses, pain, and suffering in the lawsuit, any debts left behind by the deceased, and punitive damage.

The payouts for these cases are normally massive, with cases where victims can receive millions of dollars.

Asbestos Trust Funds

Companies found guilty of knowingly exposing their workers to asbestos inevitably become bankrupt.  However, to protect shareholders, such companies file for Chapter 11 bankruptcy protection.

These companies have to set aside a significant amount of money as part of the chapter 11 process.  The money goes to a trust fund to help compensate mesothelioma victims. A lawyer can help victims get compensation from this trust fund.

Workers Compensation

Mesothelioma victims are also entitled to workers’ compensation. This kind of compensation provides some payment to people diagnosed with mesothelioma. However, this compensation barely covers costs associated with mesothelioma.

Veterans Benefits

Veterans can also get exposed to asbestos while serving. While it may be tricky to sue the military, they receive compensation through veterans’ benefits. Victims get to receive monthly payments since mesothelioma will be treated as a disability. However, before they begin receiving these benefits, they have to file a formal claim first.

How do Mesothelioma Victims Benefit from Compensation

Compensation eases the financial burden associated with mesothelioma.  Some common costs that arise when fighting mesothelioma include:

  • Treatment and surgery
  • Medications
  • Physical suffering
  • Loss of income
  • Emotional suffering
  • End of life care
  • Travel to and from the hospital
  • Accommodations near the hospital
  • Litigation costs

When hiring an attorney, ensure that they are skilled and have experience in similar cases. This is important as it gives you peace of mind knowing someone is fighting for you.