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Employers have an unspoken responsibility for the safety and well-being of their employees at workplaces. In this context, asbestos exposure comes ahead as a common concern for some industries. If the employer shows negligence in implementing adequate safety measures to prevent the entry of these toxic fibers in the employees’ respiratory system, they can be sued. Though the employees can claim compensation, everything boils down to proving that your employer is legally at fault. Since this can get tricky, here are some vital facts that you need to understand about proving your employer’s liability in asbestos exposure cases to claim the compensation you deserve.
The primary aspect of an employer’s liability is exposure to the material on the job. Many employers fail to implement the requisite safety measures which should be in place while the workers are at high risk to asbestos materials and products as a part of their job. This happens when they are not provided the safety equipment such as gloves, masks, or hazmat suits to prevent the fibers from making way into their body through skin contact or respiratory areas. When such exposure occurs and the employee develops any health complications like mesothelioma later, they can sue the company for negligence if the injury is not covered by their workers’ compensation package.
Typically, workers’ compensation law serves as an exclusive remedy, which means that an employee injured has a right to recover damages through workers’ compensation structure. However, they would not be entitled to sue the employer in court. The rule applies to all kinds of workplace injuries and ailments, including mesothelioma caused by asbestos exposure. When it comes to this form of workplace injury, a workers’ compensation claim can be enforced against a direct employer. It does not cover the suppliers, contractors, and manufacturers who may have facilitated asbestos exposure. Expert asbestos attorneys reckoned that a third-party claim to get compensation from such parties. For such claims, there is often a statute of limitations that depend on the discovery rule that ensures the victim’s awareness of asbestos exposure with complications such as mesothelioma.
If your employer does not have coverage for asbestos exposure in their workers’ compensation package, you can still sue them. There are ways to hold them liable based on their actions (or non-action) to curb and manage exposure to asbestos materials or products. If the company enters bankruptcy, you can file a claim through an asbestos trust. Filing under these litigation rules can get complicated but you must still get what you deserve. You need to hire an expert specialist lawyer to find the best option and get started with the claims process so that you can have your rightful compensation at the earliest.
Asbestos exposure at the workplace is unfortunate but fortunately, the law comes to the rescue of employees who suffer due to the negligence of the employers. This is something you should absolutely fight for and ensure that you get adequate compensation for managing treatment and providing financial support.
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