How to File a Lawsuit for Mesothelioma – The Process and What to expect

MESOTHELIOMA is a lung disease brought on by the accumulation of asbestos in the lungs. It affects different people in different ways and can be hard to know your rights. The good news is that there are ways to fight back and win the battle against mesothelioma. If you or someone you know has developed mesothelioma as a result of exposure to asbestos, you may want to consider taking legal action. Below we discuss what your options may be after you’ve been diagnosed with mesothelioma and how to file a lawsuit for mesothelioma.

What is mesothelioma?

Mesothelioma is a cancer that develops from connective tissue in the lungs. Mesothelioma is sometimes also referred to as lung cancer or asbestos lung cancer. Cancerous growths inside the lungs, called tumors, are called mesotheliomas. There may be more than one tumor in one lung; this is known as pleural mesothelioma. It is not clear exactly why some people get mesothelioma and others do not. It is believed that exposure to asbestos in the work place, past or present, may increase the risk of developing mesothelioma.

What is the law against mesothelioma?

The law against mesothelioma is strict. There is no safe level of exposure to asbestos, and anyone who works with it can become subject to cancer risks. Exposures above the legal guidelines may amount to a violation of workers’ rights. Asbestos manufacturers were required to warn workers of the dangers of exposure to the fibers. They were also required to provide gloves, towels and aprons to protect workers from exposing themselves to the fibers. These protections did not apply to contractors and other third-party individuals who sold or worked with the products. You can file a claim under the Worker’s Compensation Act, which covers employees who are injured on the job. This law only applies if you worked for a covered employer who required workers to sign a contract before being allowed to start work. You can also file a claim under the Federal Mine Safety Act, which covers workers who are injured on the job at a mine in which there are no funds set aside for workers’ compensation. You can also file a claim under the Occupational Safety and Health Act, which covers causes of work-related illness and injury.

When does it become illegal to be exposed to asbestos?

There is no legal definition of when it becomes illegal to be exposed to asbestos. The Occupational Safety and Health Act defines exposure as: “Exposure of any person to a substance likely to cause cancer resulting from the unlawful or unauthorized presence of the substance in the workplace.” The same law, OSH Act, applies to anyone who works with asbestos, even if they do not make use of the protections provided by OSH Act. You can learn more about these laws and their definitions in the OSH Act factsheets.

How to file a lawsuit for mesothelioma

There are a number of ways to file a lawsuit for mesothelioma. You can either file a personal injury lawsuit or a workers’ compensation claim. If you choose to file a workers’ compensation claim, you will need to file a claim with the Texas Workforce Commission. This commission adjudicates workers’ compensation disputes, including appeals. You can learn more about how to file a workers’ compensation claim for mesothelioma on their website.

Conclusion

Mesothelioma is a rare but serious disease. It affects about 1 in 4,000 people. There is no way to know if you or someone you know has mesothelioma, but if you have been exposed and developed the disease, you may want to consider taking legal action. There are a number of ways you can fight back and file a lawsuit for mesothelioma. The law allows you to file a claim under the Worker’s Compensation Act and the OSH Act, or you can file a personal injury lawsuit. You can also file a claim under the Federal Mine Safety Act, which covers workers who are injured on the job at a mine in which there are no funds set aside for workers’ compensation. If you or someone you know has been exposed to mesothelioma, you are not alone. Get educated about your rights and the law and learn how to fight back.

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