In most cases it is hard to hold an employer responsible for exposure to asbestos products and materials. This is even the case if it is the workplace that usually exposes the person to such hazards. Generally, when a person is injured on the job compensation goes through workers’ compensation claims. Such packages compensate for the injury, medical bills and lack of income while the employee is recovering. But is this the case with asbestos exposure? How does workers’ compensation work with asbestos exposure?
Workers’ Compensation and Asbestos Exposure
To sue the company or employer after asbestos exposure depends on many factors. It usually depends on the involvement of workers’ compensation claims and how far-reaching the benefits are. Some victims of exposure suffer from mesothelioma. Therefore, they need constant medical attention to recover or to live out the rest of a short life. Normally, the employee is not able to sue the company or employer when workers’ compensation covers the matter. This is mainly because workers’ comp is usually the only remedy available to compensate the worker. And this is despite how minor or severe condition or illness is.
However, the ability to sue requires certain factors to exist in the claim. Firstly, the employer must have some form of negligence in the incident. Secondly, no workers’ compensation must have been claimed or an exception to this that allows for a lawsuit. For the statute of limitations to not be an issue, the exposure injury must be unknown until later. If exposure and illness occurs while the business is still working it is possible to contact the workers’ compensation agent. The agent will then determine what to do possible next. However, it is also important to contact a lawyer to know the options available for your situation.
Filing an asbestos exposure lawsuit is possible depending on the circumstances of your case. But discuss the matter fully with an experienced lawyer. For a free initial consultation contact the Vinson Law Office today.