Asbestos Exposure
Exposure to asbestos in the workplace can lead to serious lung issues over time. Even short-term exposure to small amounts of asbestos fibers can lead to lung scarring, damage, and, in some cases, cancer.
Due to the danger asbestos presents, the Occupational Safety and Health Administration (OSHA) has established firm guidelines for workplace asbestos exposure. Some industries are more prone to exposure, but anyone can be vulnerable where the substance is present.
If you suffered illness or injury after working with asbestos, you could seek workers’ compensation for asbestos exposure in Florida. Our Florida workers’ compensation attorneys can help you gather evidence and file a claim to pursue medical costs, lost income, disability, and more. Call Rosenberg & Rosenberg now to learn more.
Per the U.S. Environmental Protection Agency (EPA), asbestos is a naturally-occurring mineral fiber often used for insulation and fire-retardant products. The material breaks down into small, light fibers that float in the air. When inhaled, these fibers can become trapped in lung tissue. Since they do not break down easily, the fibers can remain in the lung tissue for a long period, leading to scarring, inflammation, and serious health issues.
If you believe you were exposed to asbestos at work and became ill as a result, our workers’ comp attorneys in Florida can help you navigate the claim process.
While anyone who comes in contact with asbestos fibers can suffer ill effects, the longer and heavier the exposure, the greater the health risks. While the EPA has banned asbestos in all new products, any asbestos-containing products developed before 1989 are still permitted.
Manufacturers used asbestos in a variety of settings, including:
Certain industries where these products are still in use may see an increased risk of asbestos-related illnesses. According to the National Cancer Institute (NCI), workers at risk of asbestos-related disease include:
These are some of the most common occupations exposed to asbestos, but any employee who comes in contact with asbestos fibers can be at risk of long-term disease. If you suffered illness due to asbestos on the job, our attorneys can help you pursue workers’ compensation for asbestos exposure in Florida.
Exposure to even small amounts of asbestos fiber can result in serious illnesses, including mesothelioma and asbestosis. However, contact with higher concentrations over longer periods of time increase the likelihood of severe illness.
As the Mayo Clinic explains, mesothelioma is a rare type of lung cancer that creates tumors in the thin lining of the lungs, chest, abdomen, and heart. It is highly aggressive and deadly, and there are few treatment options once the cancer has advanced. Some surgical intervention works to remove mesothelioma when performed at an early stage. Chemotherapy and radiation therapy can also be applied to treat mesothelioma.
Contact with asbestos is the primary known cause of mesothelioma, and symptoms may not appear for decades following exposure.
Asbestosis is a progressive lung disease characterized by shortness of breath, persistent dry cough, tightness in the chest, and chest pain. Per the American Lung Association (ALA), asbestos exposure is the only cause of this condition. There is no cure for asbestosis, but there are some treatments to relieve symptoms and slow the disease’s progression.
Workers who suffer asbestosis, mesothelioma, or other work-related asbestos illnesses could recover compensation. Speak with Rosenberg & Rosenberg to learn about your legal rights and options.
Since asbestos-related illnesses can take decades to present, you may not know you have a work-related illness for many years. However, if your illness came from workplace exposure to asbestos, you could still pursue workers’ compensation benefits for medical bills, lost income, and disability.
Workers’ compensation covers work-caused illness diagnosis and treatment. For asbestos-related conditions, covered medical expenses may include:
Our workers’ compensation attorneys in Florida can help you gather the necessary medical documentation to support your claim.
Asbestosis and other asbestos-related conditions can leave you tired and short of breath. Symptoms and treatment side-effects can make it impossible to return to your job. In such cases, workers’ compensation for asbestos exposure provides income replacement benefits.
Typically, you can receive up to 66-2/3 percent of your average weekly income, but this amount can vary depending on your case details. Rosenberg & Rosenberg can tell you what income benefits you may be entitled to.
Since most diseases related to asbestos are progressive, exposed workers with asbestos-related conditions may become permanently disabled over time. Workers’ compensation provides qualified workers with long-term disability benefits. If you cannot return to work with your current employer, you may be able to recover Social Security Disability benefits.
Disability benefits through workers’ compensation or Social Security can help offset the income loss associated with your asbestos illness. Our Florida work injury attorneys can help you with the application process, including your initial filing as well as any appeals.
If you lost a loved one to an asbestos-related illness caused by work exposure, you could recover death benefits through workers’ compensation. Workers’ comp death benefits cover funeral expenses, medical bills, lost income, and certain education expenses.
To file a Florida workers’ compensation claim for asbestos exposure, you must report your illness to your employer within 30 days. Since illness from asbestos tends to appear over time, the countdown typically begins when you are diagnosed with an asbestos-caused illness.
Once you report the illness, your employer has seven days to file a workers’ compensation claim. It’s important to be prepared for your employer or their workers’ compensation carrier to fight your claim. For instance, they may insist the illness is not work-related or say you missed the reporting deadline. Our workers’ comp attorneys can build a strong case for your claim.
You can file a workers’ comp claim with your former employer if your work-related asbestos exposure occurred while you worked for them. However, you must be able to link your illness directly to your employment duties at that job.
The legal team at Rosenberg & Rosenberg can help you gather the evidence to prove you were exposed to asbestos in the workplace, and that your exposure led to your illness and associated costs.
Workers’ compensation may deny your claim for several reasons. Sometimes the reasons are valid, but others are based on incorrect or incomplete information. Our workers’ compensation lawyers in Florida can help you appeal a denied workers’ compensation claim through the Florida Division of Workers’ Compensation (DWC) or the Office of Judges of Compensation Claims (OJCC).
During the appeal process, the agency you approached will:
Our legal team can represent you at all meetings and hearings.
If your claim was denied because you are exempt from workers’ compensation, you could file a lawsuit against the parties responsible for your asbestos exposure. Unlike workers’ compensation claims, you must be able to prove that the employer (or other third parties) were negligent, which led to your asbestos exposure illness.
For example, if you are an offshore worker or private contractor, you may not be covered under workers’ compensation laws. However, you may still have legal options to recover medical costs, lost income, and more. Rosenberg & Rosenberg can tell you about your options after we have reviewed your case.
If you or someone you love suffered a serious illness after being exposed to asbestos in the workplace, you may have grounds to seek workers’ compensation for asbestos exposure in Florida. The compassionate workers’ compensation lawyers at Rosenberg & Rosenberg are here to help you through the process.
We understand that asbestos exposure on the job can have tragic, life-altering consequences. Our family-owned firm has the knowledge and experience to help you recover fair compensation. Contact us today to discuss your legal options during a free case evaluation.
