Asbestos Workers Compensation Claim or Personal Injury Lawsuit
Because many of our clients were exposed to asbestos through the course of their employment, or while they were “on the job,” they may chose to pursue a workers compensation claim in addition to the personal injury action we file on their behalf. While both asbestos workers compensation claims and asbestos personal injury lawsuits may arise out of the same work-related asbestos exposure, they are two separate and distinct proceedings; but having one does not prevent you from having the other.
There are some important differences between your potential asbestos workers compensation case and your asbestos personal injury lawsuit. The first difference is what kind of person and what kind of asbestos exposure each type of action applies to. An asbestos workers compensation claim can only be made by individuals who have been exposed to asbestos on the job or in carrying out their employment duties. An asbestos personal injury lawsuit applies to anyone who has become sick or injured because of their exposure to asbestos, no matter where it happened.
This means that people who were exposed to asbestos through their own remodeling of their homes or their own work on their personal automobiles would not be able to file a workers compensation case for this exposure, but would instead be able to file an asbestos personal injury lawsuit. Remember, though, that a person who was exposed to asbestos on the job may file both an asbestos workers compensation case and an asbestos personal injury lawsuit.
Another difference is that in an asbestos workers compensation case, workers compensation benefits are available to anyone who was injured by their exposure to asbestos, without regard to who, if anyone, was at fault for causing the exposure and injury.
In an asbestos personal injury case, in order for you to recover “damages” or monetary compensation for your injury, you must prove that the parties have been sued in your lawsuit, typically manufacturers and suppliers of the asbestos-containing products that you were exposed to, were negligent. You must also prove that their negligence caused your injury. Because of this element of proving your case in an asbestos personal injury lawsuit, retaining an experienced asbestos law firm like Clapper, Patti, Schweizer & Mason is of immeasurable benefit to a plaintiff, especially if diagnosed with mesothelioma.
Asbestos workers compensation cases and asbestos personal injury lawsuits are also filed, decided, and paid in different ways. An asbestos workers compensation case is filed with your state’s Workers Compensation Board and is decided by the board if your employer’s insurance company and you cannot reach an agreement. The benefits you receive are paid by your employer’s insurance company and are limited to medical expenses, disability payments, and retraining benefits.
An asbestos personal injury lawsuit is filed in a court of law, such as county’s superior court, and decided by a jury if the parties cannot reach a settlement. The damages you receive are paid by the defendants you sued, or most often their insurance companies, and are not limited the way workers compensation benefits are. In addition to being compensated for your medical expenses, you may also receive compensation for your pain and suffering, and other economic and non-economic damages.
