What is Asbestos Compensation?
Asbestos compensation refers to the financial reward given to a family or an individual who has developed mesothelioma or a similar asbestos-based condition. Asbestos is a chemical mineral that was widely used in the construction of commercial and private properties throughout the Industrial Revolution and the early 1900s. Although the mineral was effective at accomplishing many construction-based goals, it posed an enormous risk to workers who were chronically exposed to it.
Asbestos by itself is not a deadly agent. However, when the mineral is disturbed it releases flakes or remnants into the air. When these flakes are chronically inhaled, they stick to the abdomen and outer linings of the lungs. Overtime, the impediments can morph into cancerous diseases such as mesothelioma or other asbestos-related diseases.
If an individual develops a condition such as mesothelioma through constant exposure to asbestos particles, they possess legal rights to seek a recoupment of their loss. Asbestos compensation, therefore, refers to a financial settlement administered through a local court system to recover the payments associated with medical costs, emotional stress, and the lost wages or opportunity costs associated with a cancer-based diagnosis.
How do I get Asbestos Compensation?
The first step to initiating an asbestos compensation hearing is to prove to the court that you or a loved one developed a medical condition from the exposure to asbestos-based materials. In essence, the individual or the family seeking compensation must make a showing to the court that a legitimate diagnosis of mesothelioma or similar asbestos-based medical condition has been made.
To seek a diagnosis, an individual must visit a doctor and undergo procedures to reveal the presence of an asbestos-based disease. If the individual in question has developed symptoms (such as a persistent cough, severe weight loss, chest pains, or rust-colored mucus) from constant exposure to asbestos, a doctor will perform a number of tests to reveal the presence of an asbestos-based condition. A full physical examination, as well as an endoscopic procedure or a biopsy, will be performed to observe the possible presence of mesothelioma or a similar condition. Once proven, the individual can start his or her asbestos compensation trial.
After you have proven the condition, you must understand your state’s specific rules in regards to an asbestos-based lawsuit. All states possess specific statutes of limitations which regulate the timeframe within which a court action may be filed. In addition, the amount of the settlement and the requirements associated will vary based on state interpretation. Possessing a clear understanding of your particular state’s laws in regards to asbestos compensation will streamline the recoupment process.
Once you understand your state’s particular policy, you must hire an asbestos lawyer to initiate the asbestos compensation hearing. Before choosing a lawyer, you must interview and consult with the individual to go over your particular case and the expected settlement. When your lawyer has been chosen, you must present all facts and evidence in regards to your disease as well as how you obtained the disease.
Premise of an Asbestos Compensation Hearing
A financial settlement will not be granted to every individual who has developed an asbestos-based disease. The individual seeking compensation must prove to the court that their involvement or interaction with the deadly agent was forced upon them by their employer as a part of their particular job function. Typically compensation is awarded to those individuals who were not properly supplied with safety attire or a safety protocol to effectively impede the inhalation of asbestos particles.