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Mesothelioma is a rare type of cancer that develops after asbestos exposure. According to research, approximately 3,000 people are diagnosed with this rare disease every year in the United States. While mesothelioma occurs more often in men, it can occur in women too.  After asbestos exposure, it can take decades for a person to find out they have mesothelioma. However, while the onset of mesothelioma symptoms can be slow, this rare disease can be aggressive. It is advisable for mesothelioma victims and their families to act fast after a mesothelioma diagnosis.

After a mesothelioma diagnosis, a victim and their family can file a claim against the negligent party responsible for the illness. For example, after someone develops mesothelioma after getting exposed to asbestos while working with asbestos-contaminated products, they can sue their employer who failed to protect them from asbestos exposure. However, it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis. Below are two of the main reasons why it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis.

A Personal Injury Claim Can Quickly Become a Wrongful Death Claim

Occupational asbestos exposure is quite common. Some of the high-risk jobs include construction, firefighting, engineering, sheet metal fabrication, and roofing. After a worker develops mesothelioma or another asbestos-related illness, they may be eligible for workers’ compensation if they suffered asbestos exposure while on the job. However, before selecting workers’ compensation as the compensation option, it is crucial that a mesothelioma patient fully understands all their legal options. There are many other ways of seeking compensation after developing mesothelioma due to occupational asbestos exposure. Before filing a workers’ compensation claim, a mesothelioma patient should speak to a qualified lawyer. There may be another way to recover more compensation.

Workers’ Compensation for Mesothelioma Victims

Workers’ compensation is a form of insurance employers are required to have. This form of insurance compensates employees who are injured or who develop illnesses because of their job. However, when a person files a workers’ compensation claim, they usually lose the right to file a lawsuit against their employer. People who get exposed to asbestos while at work and who end up developing mesothelioma or other asbestos-related illnesses may be eligible for workers’ compensation.

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them.  When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

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