A large number of employers cause exposure to asbestos via violations to the set safety measures and working conditions that must remain in place while the workers are performing their duties around asbestos products and materials. This could happen in many ways. Perhaps the employee wasn’t wearing hazmat suits or gloves. Also, maybe the workers were not wearing masks that can keep the asbestos fibers from entering their respiratory systems.
Generally, asbestos exposure is the leading cause of mesothelioma. If you were exposed to these materials and you are not aware of this damage, Harry M. Roth believes that you may later file a claim against your employer in case the workers’ compensation package doesn’t initiate for the damages.
Workers’ compensation and asbestos exposure
Most employers have workers’ compensation program that takes care of nearly all injuries that occur within the company or while their employees are performing their daily duties. If the carrier fails to offer compensation to the workers exposed to asbestos, there very little or no chance to file a personal injury claim against your employer.
However, the law allows the injured individual to file a third-party claim against the product manufacturer. Keep in mind that these claims are associated with a very strict statute of limitations that depend on the discovery guidelines. Note that one way of discovering that you were exposed to asbestos material is if you have some health complications like mesothelioma.
Lack of workers’ compensation program
If your employer’s workers’ compensation program isn’t available or doesn’t take cases related to asbestos exposure via the usual claim, the law allows you to file a claim against your employer. Even if the program doesn’t offer support, there is always a way of holding your employer responsible depending on the choices the company made regarding the asbestos materials.
You can file a claim through an asbestos trust especially if your employer enters bankruptcy. There are other forms of claims that are possible if special rules or circumstances exist. Remember, hiring an experienced attorney can help analyze your case and determine the best course of action.
You, the employee or worker, has the right to work in a safe working environment. You should be kept safe from materials or products used in the building. Note that these rights extend to nearly all the areas company premises and should protect you from the exposure to dangerous and hazardous substances.
If you have been affected by asbestos fiber, your employer should take responsibility and make sure that you receive the right health care. These are the duties that employers owe to the individual employee within the business. But when this duty of care is breached, the employee may have a valid claim against the company.
Seek legal support
If you were injured (exposed to asbestos) by your employer through negligence, it is important to get in touch with an experienced attorney to determine the right option for you to get fair compensation.