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Receiving a diagnosis of asbestosis, lung cancer or Mesothelioma as a result of your work with asbestos-containing products may permit you to file a Worker's Compensation claim.
Products liability matters (lawsuits in civil court for damages) require a plaintiff to recall specific details regarding the asbestos-containing products used during employment experiences. However, the Worker's Compensation Act allows a claimant to recover for general exposure to asbestos during employment experiences.
Retirement does not necessarily bar a claimant from filing a Worker's Compensation claim. In Connecticut, for example, the Connecticut Supreme Court has decided in Green v. General Dynamics Corporation, et al., 245 Conn. 66 (Conn. 1998), that an employee's voluntary retirement prior to the date of diagnosis did not bar weekly benefits for the individual or spouse as compensation for a loss of earning capacity. This case, therefore, allows a retired person diagnosed with an asbestos-related illness - or the widow of someone who has recently passed away as the result of an asbestos-related disease – to pursue benefits under the Connecticut Worker's Compensation Statutes.
Generally, a claimant may have three (3) years from the date of an asbestos-related diagnosis to file for benefits under a Worker's Compensation action. However, if the injured party passes away as a result of an asbestos disease, a Worker's Compensation action shall be filed by the surviving family within the one (1) year or the date of death. Please, note, however, these statutory filing dates vary by states.
Worker's Compensation is a viable option for financial recovery for victims of asbestos-related illnesses. Worker's Compensation payments may result in the form of a lump sum or weekly payments. These payments are not taxable. While Worker's Compensation payments typically will not be equal to salary while employed, these payments can help alleviate some financial burdens.
If you have any questions about filing for Worker's Compensation benefits, please contact Attorney Jennifer Lucarelli. Attorney Lucarelli can help guide you in the right direction for filing these claims.