Asbestosis is a serious medical condition that has the potential to impact every part of your life. This condition can result in significant breathing trouble, shortness of breath, chest pains, and reduced pulmonary function. Exposure to asbestos is the cause of this condition, and the makers of many common asbestos products have recognized the dangers that they caused to workers and ordinary citizens alike.
Individuals who have received an asbestosis diagnosis have many options to protect their legal rights, including personal injury lawsuits, workers’ compensation claims, and asbestos trusts claims. To learn more about available compensation for an asbestosis case, get in touch with an experienced attorney at Brayton Purcell LLP. A dedicated member of our legal team could work with you to ensure you get the payments you need to make things right.
Seeking Payments Through Personal Injury Cases or Workers’ Compensation Claims
Most people who receive a diagnosis of asbestosis have the option of pursuing their own independent legal action. Depending on the nature of the exposure to asbestos, these cases can take multiple forms.
Workplace Exposure
Most people who contract asbestosis have worked in a dangerous environment that caused these particles to enter their lungs. For many of these individuals, a workers’ compensation claim is one viable option to get the compensation they need. Almost every employer in the nation must obtain these policies under state law. A successful claim can bring payments for all necessary medical care and lost income.
It is important to note that certain states allow employers to opt-out of workers’ compensation plans. Some industries are also specifically exempt, such as railroads under the Federal Employers Liability Act. In these situations, a lawsuit in either a state or federal court is the best way to collect compensation in the forms of medical reimbursement, lost wages, and emotional trauma.
Personal Injury Lawsuits
A personal injury lawsuit could allow those diagnosed with asbestosis to hold property owners, manufacturers, and contractors accountable for their losses.
Asbestosis and Trust Fund Claims
In addition to personal injury and workers’ compensation lawsuits, a person suffering from asbestosis may also recover damages via an asbestos trust fund. These trust funds are created when negligent asbestos companies file for bankruptcy and exist to provide money for victims of asbestos exposure.
A knowledgeable attorney could help people with an asbestosis diagnosis to determine if they qualify for these payments. Family members of the recently deceased should also evaluate their rights as the surviving kin of asbestosis patients.
Speak with an Attorney About the Available Compensation in Your Asbestosis Case
Receiving a diagnosis of asbestosis can force you to make major changes in your life. Thankfully, there may be support available through legal action. Almost every person, whether a worker or common citizen, has the right to demand payments through a personal injury lawsuit, workers’ compensation claim, and/or asbestos trust fund.
No matter the situation, it is always best to work with a seasoned attorney to evaluate your legal options. Our attorneys at Brayton Purcell LLP are dedicated to helping families get the compensation they need after asbestos exposure. To learn more about available compensation for an asbestosis case, contact our office today.
