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Why It Is Important to Hire an Asbestos Exposure Attorney
It is important to consult a New York asbestos exposure lawyer if you or someone you love suffers from asbestos-related disease. These lawyers can help you recover compensation from the building or worksite owners and employers, as well as product manufacturers and many others.
Exposure to asbestos can lead to a variety of serious illnesses that include mesothelioma as well as lung cancer. These illnesses are painful, debilitating and, in some cases, fatal.
Reporting to Your Employer
Dangerous asbestos exposure is common in certain workplaces such as construction sites, shipyards, auto repair shops, and manufacturing facilities. Federal and state laws require that employers educate their employees about asbestos hazards and provide them with protective equipment. Unfortunately many workers have been exposed to harmful levels of asbestos for a long time before they experience symptoms.
It is important that you inform your employer if you develop a condition that is related to asbestos. You may be able to file a claim against your employer if you became sickened because of their failure to adhere to safety standards set by the government. The statute of limitations for claims varies from state to state, therefore it is imperative to seek legal help as soon as you notice any symptoms.
An experienced attorney can investigate past work history to identify asbestos exposure. They can also examine your medical records and help you prove that your symptoms are caused by asbestos exposure. A lawyer can also explain to you the different compensation options available.
Employers are liable for workplace injuries if they fail to follow asbestos safety regulations. Regulatory agencies, such as the Occupational Safety and Health Administration and the Consumer Product Safety Commission, establish these standards. OSHA, for example requires employers to ensure that all asbestos that is friable in the workplace is removed or encapsulated. Contact OSHA if you suspect that your employer is not complying with these rules. OSHA will not divulge your name or address and will conduct an investigation without disclosing any information about the report.
In addition to worker's compensation, you could also be a victim of a third-party asbestos lawsuit against the manufacturer of a defective product that led to your exposure. Typically, these cases fall under the umbrella of product liability. This type of claim however, is usually handled in a different manner from a worker's comp case.
You might not be able to make a claim for workers' compensation if you are an independent contractor. If you are an IC then you should think about seeking legal help from someone who handles personal injury claims for independent contractors. In certain states, this is called a "causation suit." These cases are usually handled by a mesothelioma lawyer.
Making a Workers' Compensation Claim
Asbestos can cause serious medical ailments. Workers who have been exposed asbestos often develop mesothelioma, a type of cancer of the chest wall and abdomen. Mesothelioma can be fatal within the first few days of being diagnosed.
Anyone who suspects they might be suffering from mesothelioma, or any other asbestos-related illness, should see their doctor as soon as possible. If a worker suspects that they have been exposed to asbestos and is unsure, the doctor will require a thorough work history and any symptoms the worker might be experiencing. A thorough physical examination must be completed which includes a chest Xray and pulmonary function tests. A specialist will interpret the X-rays and ensure that the doctor is aware of any possible asbestos exposure.
A worker can file for workers' compensation after the asbestos-related disease has been identified. New York law requires that workers declare any injuries or illnesses they believe to be related to their job within 30 days. This allows workers to meet their legal obligations and retain the possibility of filing a lawsuit against the employer in the event they are not paid.
An experienced asbestos lawyer can help workers obtain the workers' compensation they need to cover hospital expenses and home care costs loss of wages, and other expenses. The amount of compensation a claim can receive will depend on the nature and severity of the condition. In some instances, victims are able to receive compensation that allows them to live a luxurious lifestyle and enjoy their family.
A skilled New York asbestos attorney can also assist workers in pursuing compensation from companies who manufacture or use asbestos-containing products. This can be done by filing a personal injury lawsuit or a wrongful death suit. These lawsuits can seek compensation for a variety of expenses, such as medical bills, lost wages, and funeral expenses. In addition, the lawsuits filed forwrongful death may offer financial aid to the surviving loved ones.
Construction workers, veterans and industrial workers are among the most frequent asbestos-related diseases. They were likely exposed to asbestos at work on building sites, shipyards, and automobile repair shops. They may also have brought asbestos fibers home from their jobs, exposing their families to the harmful substance.
How to file a personal injury claim
A successful asbestos lawsuit could result in financial compensation for medical expenses loss of wages, home care costs funeral and burial costs and loss of companionship and other losses caused mesothelioma, or another asbestos-related disease. A seasoned New York asbestos exposure lawyer can assist victims and their families get the funds they are entitled to from the companies that wrongly exposed them to dangerous asbestos.
Asbestos was a fibrous substance used in many products including insulation as well as fireproofing and pipe coverings until it was phased-out due to health concerns. Workers who were exposed to asbestos in their workplaces may be eligible for workers' compensation. However other legal options, like filing a lawsuit against the company or trust fund responsible can provide a greater compensation.
Many people who suffer from asbestos-related diseases have never been in direct contact with asbestos materials. They were exposed to dust, other airborne contaminants and other debris when they went about their daily routines at the workplace, at home, or public areas. Many first responders and 9/11 survivors have also been diagnosed with lung diseases that are linked to exposure to asbestos from secondhand sources.
Anyone diagnosed with an asbestos-related condition should speak to an attorney immediately regarding their legal options. An experienced asbestos lawyer can examine the details of a person's exposure history and help the victim and their family file a lawsuit against employers, product manufacturers, or other parties accountable for their exposure.
As asbestos-related diseases like mesothelioma can take decades to manifest, it's vital to seek legal help as soon as you can. A lawyer with experience can file an asbestos suit before the statute of limitations expires. In New York, this is three years after the date of diagnosis.
Some lawyers handle general personal injury cases, while others specialize in asbestos law. Mesothelioma lawyers have experience with mesothelioma and related asbestos-related diseases, as well with other types of lung cancers, lung diseases and other health issues. They know how to interview witnesses, gather evidence, and prepare for trial to ensure their client receives the full compensation they deserve.
Contacting an Attorney
Asbestos lawyers can help those who have been exposed to asbestos and their families seek compensation for the injuries they've suffered. They can assist victims to bring a lawsuit and sue asbestos companies responsible for their exposure. They can also explain to victims the restrictions on filing a lawsuit, known as statutes or limitations.
Federal safety experts have determined that prolonged exposure to asbestos increases the likelihood of developing several types of cancer. In addition to mesothelioma, prolonged exposure to asbestos has been associated with lung, larynx and ovarian cancers.
This hazardous substance despite the fact that its use has dropped dramatically since it became known that it could cause numerous health problems and is still a danger. Its use in shipyards, the military as well as other industries exposes workers to the risk of occupational exposure. Moreover, it was used in many commercial and residential structures before asbestos was banned. Some asbestos-related diseases, such as mesothelioma, do not show any symptoms for a long time after initial exposure.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos and those suffering from this disease have an entitlement to compensation. The lawyers at Rusk, Wadlin, Heppner & Martuscello, LLP can fight for justice on behalf of people who have been diagnosed with mesothelioma, or other asbestos-related illnesses.
The sufferers of asbestos-related illnesses must contact an experienced asbestos attorney immediately to discuss the merits of their case. An asbestos lawyer can aid victims of asbestos-related diseases such as mesothelioma attorney, to get compensation for medical bills as well as lost wages and other damages.
Asbestos lawyers with experience tend to work for national law firms, that handle cases across a variety of states. They are able to fly to meet a client to provide a free consultation without having to travel far. The top New York asbestos attorneys offer no-cost consultations and don't charge upfront costs.
The lawyers featured on Nolo's sites (full disclosure: lawyers pay fees to be listed on the site) specialize in mesothelioma as well as other asbestos-related injuries. They have provided information about their education, professional background and other qualifications. You can locate a mesothelioma lawyer who is the right fit for your case using the tools on the website which include an online search tool that allows you to filter your search by location and specialization.