Getting What Is Rightfully Yours

FAQs About Filing A Claim For Asbestos Exposure

19 April 2016 by Penny Fisher

Even though class action lawsuits and changes to state and federal laws have made it easier to take action against an asbestos manufacturer, you and your attorney still have a great deal to do to win your claim. If you have been exposed to asbestos in the workplace, here is what you need before you take legal action.   

Where Should You Start?

Some people mistakenly believe that taking legal action against an asbestos manufacturer starts with filing a claim. In actuality, you should start with a visit to your doctor. 

A major part of a personal injury cases is showing that you did suffer an injury from someone else's negligent actions. In this instance, you need to show that the asbestos did have some impact on you. Your doctor can assess and diagnose how you were impacted by the exposure to asbestos. 

It is important to note that the injuries from asbestos might not appear for years. In fact, it can take up to 50 years between a person's first exposure to asbestos to experience symptoms and be diagnosed with an asbestos-related disease. 

Have You Exceeded the Statute of Limitations?

Due to the number of years that it can take for someone to develop symptoms and be diagnosed with an asbestos-related disease, state and federal laws set the statute of limitations differently for these types of claim. 

The amount of time you are allowed to file a claim can vary by state, but it generally is that the clock starts ticking from the time you were diagnosed or should have been diagnosed. Your attorney can help you establish a definitive time period you should be allowed to file. 

Can You Get Disability Benefits?

Unfortunately, an asbestos-related disease can have such an impact on your quality of life, that you cannot work. If this happens in your case, it is entirely possible for you to file for disability benefits with the Social Security Administration, or SSA. Due to your condition, you might be able to qualify for expedited benefits. 

To prove your claim, you will need to provide the agency with your doctor's records and a detail account stating how your condition has impacted your ability to work.    

If you are approved for benefits and receive Medicare, the government might place a lien on any settlement you receive from the asbestos claim. The agency could choose to ask for repayment for any payments made on medical bills for treatment of an asbestos-related disease. 

A personal injury attorney (such as one from Burke Schultz Harman & Jenkinson Attorneys at Law) can help you understand the ins and outs of filing a claim for exposure to asbestos. 

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