Why It Is Important to Hire an Asbestos Exposure Attorney
If you or a loved one suffers from an asbestos illness It is vital to seek out a skilled New York asbestos exposure attorney. They can help you recover compensation from the building or worksite owner, manufacturer of products and employers, among others.
Asbestos exposure can trigger various serious diseases that include mesothelioma and lung cancer. These conditions are painful, debilitating and can be fatal.
Reporting to Your Employer
The risk of exposure to asbestos is a common occurrence in certain workplaces, including shipyards, construction sites auto repair shops, as well as manufacturing facilities. State and federal laws require that employers inform their employees about asbestos dangers and provide protective equipment. Unfortunately, many workers have been exposed levels of asbestos for a long time before they develop symptoms.
If you develop an asbestos-related condition, it is important to report it to your employer. If you became ill because your employer failed to comply with the safety guidelines set by the government, you may be able to file a claim. The statute of limitations may vary from state to states, so it is important to seek legal advice as soon as you can when you begin to notice any signs.
An experienced attorney can investigate the history of your previous work to determine asbestos exposure. They can also examine your medical records and help establish that your ailments are due to asbestos exposure. A lawyer can also explain to you the different compensation options available.
Employers may be held responsible for workplace injuries when they fail to follow asbestos safety regulations. The regulatory agencies, like the Occupational Safety and Health Administration and the Consumer Product Safety Commission, have set these standards. OSHA for instance requires employers to ensure that all asbestos that is friable in the workplace is removed or sealed. Contact OSHA in the event that you suspect your employer is not complying with these guidelines. OSHA will not divulge the name of your employer and will conduct an inquiry without disclosing details.
You may also have a third-party asbestos lawsuit against a manufacturer of a defective product which caused your exposure. These cases typically fall under the umbrella of products liability. However, this kind of claim is generally handled separately from a workers compensation case.
If you worked as an independent contractor, you might not be eligible to submit a claim for compensation to a worker. If you're an independent contractor, you may want to seek legal assistance from a lawyer who handles personal injury claims for independent contractors. In some states, this is known as a "causation lawsuit." These lawsuits are typically brought by a mesothelioma attorney.
The process of filing a Workers' Compensation Claim
Asbestos can cause serious medical ailments. Workers who have been exposed asbestos often develop mesothelioma, a form of cancer that affects the chest and abdomen. Mesothelioma can be fatal within the first few days of being diagnosed.
Workers who suspect that they might be suffering from mesothelioma or another asbestos-related condition, should consult their doctor immediately. If a worker believes they have been exposed to asbestos and other asbestos-related chemicals, the doctor should obtain a detailed history of work and inquire about any symptoms that the worker may be experiencing. A thorough physical examination should be conducted, including a chest radiograph and pulmonary function test. An expert should interpret the Xrays to make sure that the doctor is aware of any potential asbestos exposure.
A worker is able to apply for workers' compensation once the asbestos-related illness has been diagnosed. New York law requires workers to disclose any illness or injury that they believe are linked to their work within 30 days. Taking this step allows workers to fulfill their obligations under the law and maintain the possibility of suing against the employer if they aren't compensated.
An experienced asbestos attorney can assist workers in obtaining the workers' compensation they require to cover hospital expenses, home care costs as well as lost wages and other costs. The amount of compensation a claim can receive will depend on the nature and severity of the illness. In some cases victims can be awarded compensation to allow them to enjoy a relaxed life and spend time with their family.
A seasoned New York asbestos attorney can help workers to seek compensation from companies that make or use asbestos-containing products. This can be accomplished by filing an injury lawsuit for personal injury or a wrongful death suit. These lawsuits may seek compensation for a variety of losses, including medical bills, lost wages and funeral expenses. The wrongful-death lawsuits can also offer financial assistance to the family members who have died.
Construction workers, veterans, and industrial workers are among the most frequent asbestos-related illnesses. These individuals were probably exposed to asbestos at work on building sites, shipyards and auto repair shops. These individuals could have also brought asbestos fibers home from work which could have exposed the rest of their family to this hazardous substance.
How to file a personal injury claim
A successful asbestos lawsuit may result in financial compensation for medical bills, lost wages, home care expenses, funeral and burial costs and loss of companionship and other damages caused by mesothelioma, or another asbestos-related disease. Cleveland asbestos attorneys can assist families and victims receive the compensation they are due from the companies that exposed them to asbestos-related dangers.
Asbestos was a fibrous substance used in many products including insulation pipes, fireproofing, and coverings until it was phased-out due to health concerns. Workers who were exposed to asbestos at their workplace may be eligible for a workers' compensation claim however other legal options, such as filing an individual injury lawsuit against the responsible company, or trust fund, could provide a greater amount of compensation to compensate your expenses.
Many people who suffer from asbestos-related illnesses have not had direct contact with asbestos materials. They were exposed to dust, airborne contaminants and other debris as they performed their daily routines at the workplace, at home or in public areas. Many first responders and survivors of 9/11 have also been diagnosed with lung conditions linked to secondhand asbestos exposure.
Individuals who have been diagnosed with an asbestos-related condition should consult an attorney right away regarding their legal options. An asbestos lawyer with years of experience will review the specifics of a person's history of exposure and help the family of the victim and other responsible parties make a claim.
As asbestos-related diseases like mesothelioma can take decades to manifest, it's important to seek legal advice whenever you can. A skilled lawyer can bring an asbestos lawsuit before the statute of limitations runs out, which in New York is three years from the date of diagnosis.
Some attorneys specialize in asbestos law, while others handle general personal injury cases. Mesothelioma lawyers have experience with mesothelioma and asbestos-related illnesses, as well other cancers, lung conditions and other health issues. They are also able to gather and examine evidence, interview witnesses and prepare the case for trial so that they can ensure their clients receive the maximum amount of compensation they deserve.
Contacting an Attorney
Asbestos lawyers can help asbestos families of victims who have suffered injuries from asbestos exposure seek compensation. They can help victims to file a claim and sue the asbestos companies responsible for their exposure. They can also explain the time limitations, also known as statutes of limitations, for filing a lawsuit within their state.
Federal safety experts have concluded that exposure to asbestos for long periods increases the likelihood of developing several types of cancer. In addition to mesothelioma, prolonged exposure to asbestos has been associated with lung, larynx and ovarian cancers.
While the use of asbestos has decreased dramatically since it was discovered that it could cause a variety of health issues, this harmful substance is still an issue. Its use in the military, shipyards, construction and other industries puts workers at risk of occupational exposure. Moreover, it was commonly used in commercial and residential structures before asbestos was banned. Certain asbestos-related diseases like mesothelioma don't show symptoms until decades after exposure.
Mesothelioma is a rare but fatal illness that is caused through exposure to asbestos and those suffering from this disease have an entitlement to compensation. The lawyers at Rusk, Wadlin, Heppner & Martuscello, LLP can fight for justice on behalf of people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.
Patients suffering from asbestos-related diseases should contact an experienced asbestos attorney as soon as they can to discuss the merits of their case. An asbestos lawyer can help victims of mesothelioma and another asbestos-related illness receive compensation for medical bills loss of wages, and other damages.
Asbestos lawyers with experience typically work for national law firms which manage cases in several states. They can fly to meet a client to provide a free consultation without having to travel far. Furthermore, the best New York asbestos lawyers offer a free legal consultation and do not charge upfront fees for their services.
The attorneys featured on Nolo's websites (full disclosure: lawyers pay an amount to be featured on the website) specialize in mesothelioma and other asbestos-related injuries, and they have provided information on their qualifications, professional experience and other credentials. You can find a mesothelioma lawyer who is the right fit for your case using the website's tools, which include a search tool that lets you filter by location and specialty.