Worker's compensation and Mesothelioma
Because of the long-held reluctance by many employers that required the handling of
asbestos to acknowledge the health risks that the fibers presented to their workers, it should come as little surprise that the issue of workers’ compensation for an employee stricken with malignant mesothelioma has become a similarly complicated issue.
The inner workings of workers’ compensation programs across the country are somewhat difficult to describe, as their requirements and details can vary from state to state. However, in general terms, a worker who is injured while on a job is entitled to appropriate compensations that cover medical expenses and a portion of the wages that were lost while away from work. Those who are diagnosed with mesothelioma or
asbestos cancer can apply for benefits from an employer that may have caused their
asbestos exposure in addition to any other compensation claims they have also filed.
While many workers’ compensation requirements vary from state to state, there are some national standards that are upheld by U.S. Department of Labor. The Office of Workers’ Compensation Programs handles four major disability programs that “provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents that experience work-related injury or occupational disease.”
The four programs managed by the OWCP are the Division of Federal Employees’ Compensation, Division of Energy Employees Occupational Illness Compensation, Division of Longshore and Harbor Workers’ Compensation, and the Division of Coal Mine Workers’ Compensation. For more information on the requirements and processes involved for each program, visit the department’s website.
Despite the laws in place, there are still a number of cases that are disputed by employers in attempts to get out of paying workers compensation to the family of a former employee following a mesothelioma diagnosis. An administrative law judge ruling that New Orleans Stevedores was liable for $150,000 in compensation to Betrand Ibos – a former employee of the company who was killed by mesothelioma in 1996 – and his family that was determined by the Longshore and Harbor Workers’ Compensation Act had to be taken to the U.S. Court of Appeals before it was finally upheld.
In addition to any type of workers’ compensation requests, families who have been affected by mesothelioma cancer may wish to pursue additional legal procedures to try and get more compensation from a former employer that may be responsible for the asbestos exposure. Contact a
mesothelioma attorney for a legal consultation if you wanto learn more about the intricacies of
asbestos laws and see if a lawsuit is a possibility.