Workers' Compensation Rights Regarding Asbestos Exposure

Construction workers

Every day we are exposed to toxins. The human body is usually capable of flushing those toxins away. Unfortunately, this is not always the case, and inhaling asbestos fibers may lead to mesothelioma, bronchogenic and gastrointestinal carcinomas. If this exposure to asbestos took place on a job sight, the affected party has a right to workers' compensation.

Job Trades and Exposure

Inhalation warning sign

Construction trades have high exposure rates; this would include carpenters, utility workers, plumbers, steamfitters, sheet metal workers and other trades on construction sites. Even building superintendents and custodial workers run the risk of becoming exposed. Other job trades with high exposure rates include shipyard workers, auto mechanics, firefighters, factory employees and those involved in asbestos removal.

It takes more than 20 years for this exposure to be able to be diagnosed by a physician through the use of a two-view chest X-ray. The repeated exposure to asbestos increases exponentially an employee's possibility of future health problems.

Entitlement

Chest X-ray

An employee must meet certain qualifications to be entitled to compensation. He must be suffering from an impairment or disability. The loss of an organ, body part, or bodily function or his ability to function is considered impairment. A disability is partial or total loss of the ability to earn wages.

Filing Process and Requirements

Form

First, it must be proven by the employee, or her survivors that the exposure to asbestos occurred while working and that the worker suffered harm due to this exposure. To qualify for eligibility, these health problems must be identifiable and will require that the employee provide documented evidence.

Once the worker is alerted to her health problems and is able to prove that her disease and former employment are related, there are time limits for filing for workers' compensation benefits. Generally, workers have only one to two years to file a claim for compensation.

Possible Benefits

The possible benefits one may receive, if able to successfully verify his claim, are beneficial to both the employee and his family. Compensation will be made for wage loss, loss of earning capacity and physical impairment. Medical bills resulting from medical treatment, medical supplies and services will be paid for. The claimant will be eligible for vocational rehabilitation. If the worker has died, his family will receive death benefits.

Evidence Requirements

Claimants have to provide evidence including a thorough medical history, which includes X-rays, the time and length of exposure while performing their duties and the final date that they were exposed. They will be required to provide the date they first learned about the possible relationship between asbestos-related medical problems and their employment, a printout from the Social Security Administration showing their work history and any third-party claims they may have filed.

These claims should be filed with the state where the exposure occurred. Once the claimant provides the required evidence, a determination will be made, if accepted, regarding the benefits she will receive.

Many workers and their families are unaware of their right to compensation. They may also be unaware that they may file their claims on their own, without having to hire an attorney to represent them.

References

• What You Should Know About Your Workers Compensation Rights
• Asbestos