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Why It Is Important to Hire an Asbestos Exposure Attorney
It is crucial to consult a New York asbestos exposure lawyer if you or someone you love suffers from an asbestos-related illness. They can help you recover compensation from the building or worksite owner, manufacturer of products, employer, and more.
Asbestos exposure can cause a number of serious diseases such as lung cancer and mesothelioma. These diseases are painful, debilitating and, in some cases, fatal.
Reporting to your Employer
Dangerous asbestos exposure is common in certain work environments such as shipyards, construction sites auto repair shops, and manufacturing facilities. State and federal laws require employers to educate workers on asbestos' dangers and provide them with protective equipment. Unfortunately, many workers were exposed to hazardous asbestos levels for years before they developed symptoms of illness.
It is essential to inform your employer in the event that you develop a health condition related to asbestos. You could be able to file a claim against your employer if you became sickened because of their failure to follow government safety standards. The time limit for filing a claim can differ from state to states, so it is important to seek legal advice as soon as you can when you begin to notice any signs.
An experienced attorney can conduct an investigation into your work history to find asbestos exposure. They can also review your medical records and help prove that your symptoms are due to asbestos exposure. An attorney can also help you understand the various compensation options that are available to you.
Employers could be held accountable for workplace injuries if they fail to adhere to asbestos safety rules. These standards are established by regulatory agencies such as the Occupational Safety and Health Administration and the Consumer Product Safety Commission. OSHA, for example requires employers to ensure that all friable asbestos in the workplace is removed or encapsulated. If you suspect your employer isn't complying with these regulations, contact OSHA to file a formal complaint. OSHA will not divulge the name of your employer, and will investigate the matter without divulging specifics.
You may also be able to file a third party asbestos lawsuit against the manufacturer of a defective product that caused your exposure. These types of cases are typically covered under the product liability. This type of claim, however, is usually handled in a separate manner from a worker's compensation case.
If you were an independent contractor, you might not be eligible to make a claim for worker's compensation. If you are an independent contractor, you might require legal assistance from a lawyer who handles personal injuries claims for independent contractors. In certain states, this is known as a "causation lawsuit." These lawsuits are typically brought by a mesothelioma attorney.
Filing a Workers' Compensation Claim
Asbestos exposure can lead to various serious medical ailments. People who have been exposed to asbestos are more likely to develop mesothelioma, an infected lining of the abdomen and chest. Mesothelioma is often fatal within the first few days of being diagnosed.
Anyone who suspects that they might have mesothelioma or any other asbestos-related disease, should consult their doctor immediately. If a person suspects they have been exposed asbestos, the doctor will require a thorough background of the work environment and any symptoms the worker might be experiencing. A thorough physical examination must be conducted with a chest X-ray and pulmonary function tests. A specialist should interpret the X images to ensure that the doctor is aware if asbestos exposure has occurred.
After the asbestos-related disease has been diagnosed, an employee can claim workers compensation claim. New York law requires workers to disclose any injuries or illnesses they believe are connected to their job within 30 days. Taking this step allows the worker to meet their obligations under the law and to be able to continue filing a lawsuit against the employer if they're not compensated.
An asbestos lawyer who has experience can assist workers to obtain the workers' compensation they need to pay for hospital costs and home care expenses as well as lost wages and other expenses. The value of a case will be contingent on the severity and nature of the illness. In some cases victims can be awarded compensation to enable them to enjoy a relaxed lifestyle and spend time with their family.
A seasoned New York asbestos attorney (Recommended Reading) can help workers to seek compensation from companies who manufacture or use asbestos-containing products. This can be done by filing an injury lawsuit for personal injury or a wrongful-death lawsuit. These lawsuits may seek compensation for a range of losses, such as medical bills or lost wages, as well as funeral expenses. The wrongful death lawsuits could also offer financial assistance to the surviving loved ones.
Many of the people who suffer from asbestos-related illnesses are construction workers, veterans and those who worked in industries. They were most likely exposed to asbestos during their jobs at construction sites, shipyards and auto repair shops. They may also have brought asbestos fibers from their work home and exposed the rest of their family to this dangerous substance.
Filing a Personal Injury Claim
A successful asbestos lawsuit could result in financial compensation to pay for medical bills loss of income, home care expenses, funeral and burial expenses, loss of companionship and other losses caused by mesothelioma or another asbestos-related illness. An experienced New York asbestos exposure lawyer can help victims and their families get the compensation they deserve from companies that exposed them to dangerous asbestos.
Asbestos is a fibrous, brittle material that was used in a wide range of products, including insulation, fireproofing, and pipe covers until it was removed because of health risks. Workers who were exposed to asbestos at work may be eligible for workers compensation. However, other legal options like filing a lawsuit against the company or trust fund responsible for asbestos can result in greater compensation.
Many people who suffer from asbestos-related illnesses have not been in direct contact with asbestos materials. They were exposed to dust, other airborne particles and other contaminants while performing their daily routines in the workplace, at home, or public spaces. Additionally, a lot of first responders at the World Trade Center site and other survivors of the 9/11 tragedy have been diagnosed with lung ailments caused by exposure to secondhand dust.
Anyone diagnosed with an asbestos-related illness should consult an attorney right away regarding their legal options. An asbestos lawyer with years of experience can review the details about the history of exposure and help the victim's family and any other parties responsible to bring a lawsuit.
Since mesothelioma, along with other asbestos-related diseases don't usually manifest until decades after exposure, it is essential to seek legal advice immediately if you can. An experienced lawyer can file an asbestos lawsuit before the statute of limitation expires. In New York, this is three years following the date of diagnosis.
Some attorneys specialize in asbestos law, whereas others deal with general personal injury cases. Mesothelioma lawyers have expertise in mesothelioma and asbestos-related diseases, as with other types of lung cancers, lung diseases and other health issues. They are also able to collect and review evidence, interview witnesses and prepare the case for trial in order to ensure that their clients receive the full amount of compensation they are entitled to.
Contacting a Lawyer
Asbestos attorneys can help families of victims who have suffered injuries from asbestos exposure seek compensation. They can assist victims to file an action against asbestos companies that caused their exposure, such as filing a lawsuit in court. They can also explain to victims the limitations in bringing a lawsuit, called statutes or limitations.
Federal safety experts have concluded that exposure to asbestos for a long time increases the risk of developing a variety of cancer. In addition to mesothelioma, prolonged exposure to asbestos has been linked to lung, larynx and ovarian cancers.
This dangerous substance, even though its use has drastically decreased since it became known that it could cause numerous health problems remains an issue. Workers in shipyards, construction and military industries are at risk of exposure to asbestos at work. Asbestos was also utilized in many commercial and residential buildings before it was banned. Certain asbestos-related diseases, such as mesothelioma, don't have any symptoms for decades after the initial exposure.
Mesothelioma is an uncommon and fatal illness, is caused by asbestos exposure. The victims of this disease are entitled 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 diseases.
Patients suffering from asbestos-related diseases should contact an experienced asbestos lawyer immediately to discuss the merits of their case. An asbestos lawyer can help those suffering from mesothelioma or another asbestos-related disease obtain compensation for medical expenses as well as lost wages and other damages.
Expert asbestos lawyers typically work for national law firms that handle cases across several states. They can often fly to meet clients for a complimentary legal consultation without having to travel for long distances. The best New York asbestos attorneys offer no-cost consultations and don't charge upfront fees.
Nolo’s websites feature attorneys who specialize in mesothelioma and asbestos-related injuries and other related diseases. They have also provided information on their education, professional background as well as other credentials. You can locate a mesothelioma lawyer who is the right fit for your case using the website's tools that include a search tool that lets you filter by location and specialization.