Even though mesothelioma is rare, it persists today. Statistics compiled by the CDC’s U.S. Cancer Statistics program show that in 2022 there were 2,669 newly diagnosed malignant cases in the US. Most of these cases result from exposure to asbestos. Mesothelioma mostly affects men, with them comprising three quarters of the total number of cases diagnosed from 2003 to 2022.
According to a report on deaths related to mesothelioma published by the CDC, it can take years and decades for the disease to set in. After first exposure, it typically takes 20 to 40 years for the disease to manifest itself. In some instances, it can even take as long as 71 years. Many of those diagnosed today were exposed years and decades ago while working and breathing in asbestos fibers before leaving those jobs.
That timeline sends many families back through old work histories. For families working with a Michigan mesothelioma lawyer, those histories can include auto plants, shipyards, and power plants.
Where Exposure Usually Happened
Heavy exposure is linked to asbestos removal, according to OSHA. Workers who made insulation and other products, such as textiles, also worked with asbestos. Asbestos was used as a component of friction materials in brake pads. Some workers repaired the brake pads in vehicles. Those workers were also exposed, though often in brief and repeated episodes.
Even brief asbestos exposure can lead to mesothelioma, and no safe level of exposure is known. This outcome is bad news for people who worked around others with asbestos materials or who handled asbestos materials, even if only briefly.
Workplace Claims and Benefits
Because so much exposure happened on the job, workplace benefits often come up early. According to the legal firm website https://www.heltonlaw.com/, workers’ compensation covers medical care and may replace some lost income, while a separate third-party claim can be brought against a manufacturer, contractor, or property owner whose negligence contributed to a workplace injury.
Old paperwork can make the link easier to prove. Pay stubs, union cards, and tax documents help point to where a person worked. Names of past coworkers can also help narrow it down and show what kinds of materials moved through their job.
Several Paths to Compensation
Once mesothelioma is diagnosed, a claimant can pursue several avenues. An asbestos product manufacturer can be held responsible for a personal injury claim, while many bankrupt manufacturers have set up trusts where claims can be filed. Many claimants pursue more than one. There are also veterans’ claims and claims under workers’ compensation.
The trusts exist because so many manufacturers went bankrupt. A 2011 report from the Government Accountability Office, also known as GAO, says roughly 100 corporations filed for bankruptcy partly because of asbestos issues. About 60 trust funds were established between 1988 and 2011 to deal with claims. Those funds held almost $37 billion. Companies created those trusts through the federal bankruptcy process.
Veterans have another option. The VA provides disability compensation to veterans with illnesses linked to exposure to asbestos while in service. They should submit medical documentation and military records showing service-related duties. Having a written physician opinion linking the exposure to the diagnosis strengthens the claim./
Why Timing Matters
The time limit for starting a personal injury or wrongful death lawsuit is set on a state-by-state basis. There are also specific guidelines about what constitutes a claim and what sets off the starting date of a personal injury or wrongful death lawsuit, with some states adopting more generous guidelines. Each trust or program has different filing rules. These regulations and deadlines have been the basis for more than a few surprising wrongful death lawsuit cases involving retired people.
Wrongful death claims add another layer. When a person dies from mesothelioma, family members or the estate may be able to bring a claim of their own, and the deadline for that claim may start from a different date than the original injury claim would have.
Every path begins with the medical records, which have substantial evidence. There should be a pathologist’s firm diagnosis, accompanied by comprehensive histories of employment and military service.
People can apply for mesothelioma compensation from multiple sources. It is always best to start the claim as soon as possible after a diagnosis. People who share an early diagnosis and detail their exposure are better positioned to handle the necessary paperwork.