South Carolina allows people to claim compensation benefits for mesothelioma workers if they get this disease due to exposure in their workplace environment. To request this compensation, the person would need to meet several requirements, such as proving they are an eligible employee and that their mesothelioma was caused by their job.
Because this condition develops over time rather than in a single trauma, it is especially important to create a strong case. A knowledgeable workers’ compensation lawyer can help workers in South Carolina request compensation if they get mesothelioma because of what they do for a living.
Understanding Mesothelioma and Its Link to Workplace Exposure
Mesothelioma is a type of cancer that forms in a special lining around some of a person’s organs (usually, the lungs). Once it develops, it can grow and spread quickly; however, it can take many years before someone knows they have it.
While many different factors are thought to cause mesothelioma, asbestos exposure is one of the common and well-established ones. People may encounter asbestos in insulation in old buildings, in factories, and in other materials or environments they interact with during their careers.
Are Mesothelioma Victims Eligible for Workers’ Compensation in South Carolina?
Yes. Some people may qualify for job injury benefits if they get mesothelioma and it is related to their workplace. They would need to show that they are a covered employee under their employer’s workers’ compensation insurance policy. For example, they might show proof that they were a regular or salaried employee versus a contractor.
Additionally, they should be able to point to workplace exposures to substances like asbestos that can cause mesothelioma. Examples of industries where people may encounter asbestos include construction, shipbuilding, manufacturing, and automotive.
Challenges of Filing a Mesothelioma Workers’ Compensation Claim
Filing a mesothelioma claim for workers’ compensation can come with many different challenges. One common obstacle is proving the connection between the asbestos exposure at work and the person’s mesothelioma. Another is pushback from the employer over deadlines or proof. A seasoned workers’ compensation attorney can help the employee prepare for and defend themselves against these and other obstacles they may encounter during the claims process.
Proving Occupational Asbestos Exposure
Mesothelioma develops over time, sometimes after repeated exposure to the cancer-causing substance, like asbestos. Because of this, it can be challenging to pinpoint the exact chain of events that led to the development of mesothelioma. However, the worker and their legal team can arm themselves with robust evidence about the different exposures on the job.
For example, they can present the lists of toxins, equipment, and products in their work environment that are known to contain asbestos. This list might include insulation, brake pads, and talcum powder. They can also locate and submit research showing that these exposures are likely to lead to mesothelioma.
Denied Claims and Employer Pushback
Requesting benefits after a mesothelioma diagnosis can sometimes be challenging. Part of this is because of the gap between the time the person was exposed to asbestos and when they found out they had mesothelioma. The employer or their insurer may try to claim that the mesothelioma is due to something the person encountered elsewhere, like in their home. However, the person can help defend themselves against this by building a strong case backed by medical research and evidence.
Why Legal Representation Matters in Mesothelioma Claims
Having timely and accurate legal help can make a difference when someone is pursuing workers’ compensation because of mesothelioma. Attorneys can take on the legal matters, like case preparation, filing, and negotiations, on behalf of the client, which allows the client to reclaim their energy for fighting the cancer battle ahead.
The lawyer can also use their wealth of knowledge and tools to locate and properly use key evidence to increase the person’s chances of winning a full and fair benefits package. Likewise, they can research the most recent medical studies about mesothelioma from workplace exposure, and they can help the person meet their filing deadlines.
Other Legal Options Beyond Workers’ Compensation
Someone who developed mesothelioma due to exposures from their workplace may have other legal options available to them, too. These include using publicly available asbestos trust funds to help support them or pay for their medical bills. Additionally, if someone other than their employer was at fault for their cancer, they may be able to file a third-party claim, such as a product liability or personal injury lawsuit.
Veterans who develop mesothelioma may also be entitled to benefits for current and past service members. Reputable attorneys like those at Fan Pruitt Injury Law Firm can provide valuable guidance and support to workers so they can access what they need to move forward.
Steps to Take If You or a Loved One Was Diagnosed with Mesothelioma
If you were diagnosed with mesothelioma from workplace exposure, you can take several steps to protect your health and rights. First, report the diagnosis to your employer within a short period of time afterward. This puts your employer on notice that you intend to file a workers’ compensation claim. Then, you would need to open a formal benefits request within two years. An attorney can help you understand what your deadlines are and how to meet them.