Asbestos Exposure And Workers’ Compensation Claims
In the past, asbestos was best known for its fire-resistant properties. However, hindsight is 20/20, and we now know what this harmful material is capable of. Unfortunately, the use of asbestos was common in the construction industry, and asbestos can be found woven throughout countless workplaces across America.
It’s hiding in floor tiles, insulation, and other building materials, and prolonged exposure can wreak havoc on your health. It can also be found in roofing shingles, cement products, and even in some older appliances.
And so, if you believe you or a loved one has been exposed to asbestos and your health has worsened as a consequence, please contact the seasoned attorneys at Schwartzapfel Lawyers today.
One call may save you miles of headache, heartache, and financial strain down the road, so you shouldn’t wait. Not when so much is at stake. So, please, act now and dial 516-342-2200 or visit us online for a free case review and to learn how you can receive all the money and benefits you deserve.
What Are The Symptoms Of Asbestos Exposure?
Asbestos is a known carcinogen that can cause diseases like lung cancer, pulmonary disease, pleural mesothelioma, and asbestosis. When asbestos-containing materials are disturbed, tiny, invisible fibers are released into the air. These fibers can easily be inhaled or swallowed, often without knowledge.
When this happens, tiny asbestos dust embeds itself in the delicate tissues of your lungs and other organs. It’s possible that you don’t know you’ve been affected, and asbestos can also take years — even decades — to develop. It silently progresses until symptoms emerge. Here, common symptoms include but aren’t limited to:
- A crackling sound in the lungs
- A persistent, dry cough
- Shortness of breath
- Weight loss
- Chest pain
Unfortunately, when you start to notice these symptoms of asbestos exposure, the damage has already been done. This means that early detection and immediate medical attention are absolutely crucial for effectively managing the disease and improving the quality of life for affected workers.
Exposing Asbestos Exposure
Asbestos fibers are easily disturbed during construction, demolition, or renovation activities. That’s why construction workers, shipyard builders, and other tradespeople who handle asbestos products face an increased risk of exposure. However, it’s not just these workers who are at risk.
Note: Family members and others living or working in buildings with deteriorating asbestos materials can also be exposed to harmful fibers carried home on clothing, skin, or personal items.
What Are Asbestos-Related Diseases?
The health risks of asbestos exposure can be devastating and, in some cases, even deadly.
Asbestosis is a chronic lung disease. Its symptoms, like fibrosis, gradually scar and stiffen lung tissue, making pulmonary function increasingly difficult.
Lung cancer, one of the most common and deadly cancers, can also be triggered by asbestos fibers lodged into the lungs. However, perhaps the most notorious of the health effects caused by asbestos exposure is malignant mesothelioma. This aggressive cancer primarily affects the thin membranes lining the lungs, abdomen, and heart.
With limited treatment options and a poor prognosis, mesothelioma is a stark reminder of the dangers lurking in our workplaces and homes. Early detection from your healthcare provider like chest X-rays, CT scans, and lung function tests is crucial, but the risk factors and damage inflicted by asbestos are often irreversible.
Can You Receive Workers’ Compensation For Asbestos Exposure?
If asbestos-related illnesses like the risk of lung cancer have affected your life, workers’ comp can provide the financial support and medical care you need to manage your condition. But what exactly is it, and how does it work?
Workers’ Compensation
Workers’ compensation is insurance that employers carry to protect their employees in case of work-related injuries or illnesses. Unlike personal injury lawsuits, which focus on proving fault, workers’ compensation is a no-fault system.
This means that even if you made a mistake on the job that contributed to your asbestos exposure, you can still be eligible for benefits. Workers’ compensation typically covers medical expenses related to your diagnosis and treatment, as well as a portion of your lost wages if your illness prevents you from working.
You may also get disability benefits if you have a long-term Impairment. And in the tragic event of a fatality due to asbestos exposure, it may also provide death benefits to your family.
Eligibility
So, are you eligible for workers’ compensation? The key is proving that your asbestos exposure occurred at work or while in the performance of job-related duties. Typically, this process will involve gathering such evidence as:
- Employment records
- Medical history records detailing your diagnosis (e.g., a chest X-ray confirming asbestos or a lung biopsy showing mesothelioma)
- Any documentation linking your workplace to asbestos-containing materials
Asbestos-related diseases often have a long latency period, meaning years may have passed since your initial exposure. Memories fade, workplaces change, and records may be difficult to obtain. This is where the experience of a knowledgeable attorney can make all the difference.
To that end, please dial 516-342-2200 or visit us online to schedule your free consultation today. No matter your situation, it will be our honor and privilege at Schwartzapfel Lawyers to fight — and win! — for you.
Filing Your Claim
The first step is to notify your employer of your diagnosis and your belief that it’s work-related. They should provide you with the necessary claim forms and guide you through the initial filing process. Don’t delay, as there are strict deadlines for filing a workers’ compensation claim. For example, in New York, it’s three (3) years from diagnosis and two (2) years from death.
Once your claim is filed, the workers’ compensation board reviews it. They typically consider the medical evidence, your work history, and any other relevant information to determine whether you’re eligible for benefits.
If approved, the board then determines the type and amount of benefits you’ll receive based on factors like the severity of your illness and your average weekly wage.
Remember, the workers’ compensation system can be confusing. Having an experienced lawyer by your side can better ensure that your rights are protected, your claim is properly filed, and that you receive the full money and benefits you’re entitled to.
Get in touch with Schwartzapfel Lawyers today by calling 516-342-2200. Act now!
Why Can A Skilled Legal Advocate Make A Difference In Your Asbestos Case?
Filing a workers’ comp claim for an asbestos-related illness isn’t a walk in the park. You might think you can handle it on your own, but going solo could mean leaving money on the table or missing out on certain benefits altogether.
Workers’ comp law can be overwhelming, especially when you’re dealing with the weight of an asbestos-related diagnosis. It’s a web of rules and regulations that often feels designed to trip you up, not help you get back on your feet. With this in mind, an award-winning workers’ comp attorney like the ones at Schwartzapfel Lawyers can be your solution.
Asbestos cases are especially difficult. To get the full compensation you need and the benefits you’re entitled to, you must prove that your illness is directly linked to your work history. Typically, this means digging up years of medical and employment records and attaching them to the proper government regulations. You shouldn’t worry, however, as a seasoned lawyer will know exactly where to look and what to do.
Moreover, their job doesn’t end there. Your New York workers’ comp lawyer will also be your voice at the negotiating table to make sure the insurance companies hear you loud and clear. As such, they’ll fight to get you every penny you’re entitled to, whether to cover medical bills, make up for lost wages, or provide much-needed disability benefits.
Not only that, a skilled attorney may even be able to find you additional sources of compensation that you never knew existed. This extra money can be a lifesaver for covering everything from medical expenses to modifications on your home — all in an effort to ease the financial burden imposed by your illness.
Time Is Of The Essence, Act Now!
Diagnosed with an asbestos-related illness? Don’t wait to reach out for help. You do not have a long period of time, as there are strict deadlines that you must adhere to.
And so, the sooner you act, the better your chances will be of getting the support you need to recover physically, financially, and beyond.
Your health and financial security are on the line. Don’t let fear of the unknown hold you back. One phone call to Schwartzapfel Lawyers could be the first step toward reclaiming your life from an asbestos-related illness. Simply dial 516-342-2200 or schedule your free consultation online to get started.
Protect your tomorrows starting today. Call now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources
Schwartzapfel Lawyers, P.C. | Fighting For You
Asbestosis Symptoms and Diagnosis | American Lung Association
Chest CT scan asbestos screening review & meta-analysis | NIH
Statutes of Limitations to File a Mesothelioma Claim | Mesothelioma.com