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Home > Blog > Workers Compensation > Is Asbestos-Related Mesothelioma Covered Under Workers’ Comp?
by: NPHM | April 18, 2022

Is Asbestos-Related Mesothelioma Covered Under Workers’ Comp?

Occupational diseases are a big threat for workers in many industries in Ohio. Workers can be exposed to everything from toxic chemicals to hazardous mold to dangerous pathogens in the course of their work. These exposures can cause serious illnesses that can be disabling or even fatal.

When it comes to dangerous substances, few are as controversial yet well-known as asbestos. By the mid-1980s, the usage of asbestos in construction had mostly ceased after it became clear that it caused serious health problems, including a type of cancer called mesothelioma, in people who were exposed to it. Unfortunately, asbestos is still present in countless buildings throughout Ohio, and many industries still use it to this day.

What Is Mesothelioma?

Mesothelioma is a deadly type of cancer that targets the lungs. The average survival rate for all types of malignant mesothelioma victims is just five years after diagnosis. Because of the severity and fatal nature of the disease, it’s important for victims to get compensation for their medical expenses and lost income.

If you or someone you love were exposed to asbestos and developed mesothelioma, you may be wondering if you’re eligible for workers’ compensation. Thankfully, the answer for most mesothelioma victims is “yes,” but getting benefits isn’t always easy.

To Get Benefits, You Must Prove Your Mesothelioma Is Work-Related

Many mesothelioma victims have their workers’ compensation claims denied. That’s because mesothelioma can take decades to develop after asbestos exposure. In addition, some people can develop mesothelioma after a single exposure to asbestos, while others may not develop it until after years of repeated exposure.

These factors can make it difficult to conclusively link working a particular job with a mesothelioma diagnosis. Because asbestos can be found in many places, including homes, some industrial and consumer products, construction and demolition sites, and more, employers may deny that workers developed mesothelioma as a result of their jobs.

How Can You Prove Your Mesothelioma Is Work-Related?

It’s rare for mesothelioma victims to have direct proof that their jobs caused them to develop this rare type of cancer. But if they were exposed to it frequently, they and their lawyers can have a strong case for their workers’ compensation claims.

For example, people who work in construction, HVAC, shipyards, the military, car repair, home renovation, and more are likely to be exposed to asbestos frequently, if not daily. If they develop mesothelioma, it can be difficult for their employers to deny the link—especially if the victims have proof they worked in a building that contained asbestos or on products that were manufactured with asbestos.

A Two-Year Statute of Limitations Applies for Mesothelioma Workers’ Comp Claims in Ohio

For on-the-job injuries in Ohio, injured employees have just one year from the date they occurred to file for workers’ compensation claims. For occupational diseases, the statute of limitations changes to two years from the date of diagnosis. However, diagnosis may occur many years after the initial exposure to asbestos.

Because mesothelioma takes so long to develop, workers in certain industries may not know which job exposed them to asbestos. Their employer when they were exposed may no longer be in business. These issues are common with mesothelioma claims, and they’re a big reason why it’s so important to have an experienced Ohio workers’ compensation lawyer on your side when filing your claim.

Let Us Assist with Your Mesothelioma Workers’ Compensation Claim

Mesothelioma is both disabling and deadly. People who develop it may have extreme difficulty with day-to-day tasks, let alone doing their jobs to earn a living. Their medical bills are also often very expensive and place a high financial burden on their families.

At Nurenberg, Paris, Heller & McCarthy, we believe that victims shouldn’t have to pay out of pocket for a disease that was caused by a known deadly substance and a lack of safeguards from their employers. After a mesothelioma diagnosis, the clock starts ticking on filing a workers’ compensation claim. Don’t risk losing out on the benefits you and your loved ones deserve and need.

Contact our Ohio workers’ compensation attorneys today for a free consultation on your mesothelioma claim.

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