Medical Expenses Due to Mesothelioma

Legal Recourse for Asbestos Exposure

My doctor has told me that I have mesothelioma and that it was probably caused by my working with asbestos.

My first job out of high school was at a factory where we made brake shoes. I think that is the only place I worked that used asbestos.

The problem is that I need medical care and am unable to work. The brake shoe company went out of business years ago and my last boss has told me that all I can do is file for social security. I am 63.

I have used most of my savings on my medical bills already and my wife is working two jobs to try to support us. I am already being harassed all the time by bill collectors.

What can I do?

Mitch

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Mesothelioma is generally caused by exposure to asbestos fibers.

It seems that cigarette smokers may have a higher incidence of the disease than non-smokers – they generally contract a milder disease known as asbestosis. (A little known fact is that cigarette makers used to use asbestos in filters for cigarettes.)

As the dangers of asbestos became more generally know, manufacturers started using substitutes. However, most of the companies that mined or used asbestos in their products have literally been sued out of existence by people who have become ill from these diseases.

The first thing you should do is contact your local bar association’s Lawyer Referral Service and ask for the names of qualified Workers Compensation attorneys.

Because you have an occupational disease, you should not be responsible for the medical costs arising from that disease. One of the good things about workers compensation is that it generally pays all medical expenses.

Even though the employer you think exposed you to asbestos has gone out of business, all is not lost. Other companies you worked for might have used asbestos without you knowing about it. Or another company may be responsible for the liabilities of the brake shoe company. Finally, your state may have a fund that pays claims for defunct businesses.

Many states have what are called Second Injury Funds. A minor occupational exposure at your last employer may be enough, when combined with your mesothelioma to qualify you for total disability.

A qualified lawyer will know how to maximize your benefits from workers compensation, most likely in connection with a Social Security Disability claim.

Also the lawyer should be able to get the bill collectors to hold off until your claims are settled. If a hospital or doctor knows that a compensation claim is pending they are more likely to be patient in collecting their bills.

Finally, as I mentioned before there have been a rash of suits on behalf of victims of asbestos exposure and there has also been lots of litigation against tobacco companies.

Ask your workers compensation lawyer if he knows an attorney expert in handling mesothelioma claims. Consult with him to see if you can file a claim for damages against various funds that have been set up to compensate asbestos victims – and/or smokers, if you happened to have been one.

You have a painful and disabling condition. You should not have to worry about who will take care of the bills.

I wish you luck.

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