A brief look at workers' compensation for asbestos exposure

June 22, 2013

A brief look at workers' compensation for asbestos exposure

Job-related illnesses, such as asbestosis and mesothelioma, affect thousands of workers in the United States. Although asbestos was more common on job sites many years ago, the effects of the exposure received during the early years are just now starting to manifest in some individuals. Those who have been injured by such diseases as part of their jobs often seek to obtain financial help by applying for workers' compensation.

However, due to changes in the law, it has become much more difficult to prove injuries from job site asbestos exposure. But individuals might be able to prove their cases with the assistance of a legal professional who is familiar with the laws concerning workers' comp for asbestos-related illnesses.

What is asbestos and who is at risk for exposure?

Asbestos was used in a number of products prior to the late 1980s. The fibrous mineral was ultimately banned in the U.S. because of rising health concerns that resulted in types of illnesses, such as asbestosis and mesothelioma. Because the material still exists in buildings and on construction sites in South Carolina and all throughout the U.S., workers' comp claims related to asbestos exposure are still made on a regular basis.

The dust from asbestos has been found in workers who perform job functions in places such as:
-Mining and milling operations
-Textile manufacturing plants
-Construction and demolition locations
-Various locations that have drywall removal operations

Those who come in contact with asbestos as part of their jobs might inhale the fibers and once those workers go home, their families might be exposed to the fibers that remain on the workers' clothing.

Obtaining workers' comp for asbestos-related injuries

According to the South Carolina Legislature, certain individuals may be entitled to workers' compensation for the occupational diseases they suffer. Unfortunately, the effects of ongoing exposure to asbestos can be irreversible and permanent. In cases involving asbestos exposure, the injured or ill employee needs to alert the employer to his or her illness as soon as possible after its discovery. The possible workers' comp benefits that a person might receive include medical treatment, temporary or permanent disability funds or vocational rehabilitation services, where appropriate.

Individuals who seek workers' comp benefits should keep in mind that such claims are subject to time limitations. The benefits received for an asbestos-related workers' comp claim can vary greatly depending on when the asbestos exposure occurred and when the actual illness was discovered. Anyone with asbestosis or any other asbestos-related illness may want to seek the assistance of a lawyer to find out more about his or her entitlement to workers' comp benefits.

Article provided by Ryan Montgomery, Attorney at Law, LLC
Visit us at www.ryanmontgomerylaw.com