Who’s getting compensated for Mesothelioma and Why

Mesothelioma impacts a wide range of people. It is cancer caused by inhaling and ingesting asbestos or asbestos-containing products over long periods of time. Here’s an overview of who is getting compensated for their pain and suffering involving mesothelioma and why they are getting compensated for it.

Workers

Workers in construction, homebuilding, plumbing, electrical, and other related industries may have been exposed to asbestos when those buildings (either commercial or residential) contained asbestos. Workers in the manufacturing sector of asbestos and products containing asbestos also have been exposed as well as miners in asbestos mines.

Workers in these employments may have had significant exposure to substantial amounts of asbestos. The mesothelioma risk for these workers is high. Sources of compensation are:

  • Workers’ compensation;
  • Personal injury lawsuits or claims; and/or
  • Mesothelioma trust fund claims.

Many workers are receiving compensation for cancer they have because, as we know it today through science and other evidence, asbestos is highly dangerous. For some workers, they may have won their mesothelioma cases based on strict liability and other times on negligence, and in some cases, both theories may have been relevant.

Family of Workers

Second-hand asbestos exposure and risk are real. If a father or mother works in an industry where he or she is exposed to asbestos regularly and then comes home with asbestos fibers on their skin, in the hair, and on their clothes. Once home, these fibers land on surfaces or remain airborne. They can then be inhaled or ingested by anyone in the home, and over time, this accumulates and causes damages to cells and creating an environment for cancer.

Spouses and children are most vulnerable to mesothelioma in these cases when a spouse or parent worked in one of the below industries between 1940 and 1980 — a time period when asbestos was regularly used:

  • Automotive
  • Construction
  • Shipbuilding/Shipyard
  • Energy, oil, or gas.

Because this was a real risk family members are also eligible to file a claim either against an entity or with an asbestos trust fund, and they are winning some of those claims when the proof is on their side like it was in Barbara Bobo‘s case.

Veterans

Servicemen and women may have been exposed to asbestos and asbestos products if they worked in shipbuilding, welding, pipefitting, and mechanical occupations, among other related occupations.

Veterans with mesothelioma may be eligible for compensation via:

  • VA Disability Compensation (VADC);
  • Personal injury claims or lawsuits; or
  • Mesothelioma trust fund claims.

To note, if a veteran’s mesothelioma is caused by work while in the military, the military is not the entity to be sued, but the maker of the asbestos.

Homeowners

Many homes prior to 1980 were made with asbestos-containing materials, like sheetrock, ceiling tiles, and insulation. People spend most of their time inside their homes, year after year, and as such, are exposed to large quantities of asbestos.

Likewise, some renters may be able to claim a mesothelioma case, but a successful claim is challenged by the renter’s ability to prove that one specific home was sufficient to cause cancer and/or that the renter lived in the location long enough to be sufficient to create a link between the asbestos in the home and the victim’s injury, i.e., mesothelioma.  

In the case of homeowners, victims of mesothelioma related to asbestos can result in compensation through:

  • Personal injury claims or lawsuits; and/or
  • Mesothelioma trust fund claims.

As you can see, many people may have been exposed to asbestos and as a result was diagnosed with mesothelioma. If you believe your cancer was caused by asbestos or an asbestos-related product, you deserve compensation. Don’t be one who assumes you don’t qualify. Contact us today for a free consultation and to learn more about your options.