Financial Compensation

If you have been injured because of asbestos exposure, several options for financial compensation may be available to you, depending upon how and when you were exposed to the deadly substance.

Workers’ Compensation

If you were exposed to asbestos in the workplace, workers’ compensation benefits may be available to you.  Most employers are required by law to carry workers’ compensation insurance.  This insurance is designed to provide compensation to employees who are injured in a workplace accident or by an occupational disease.  North Carolina workers’ compensation law has specific provisions governing asbestos-related diseases. 

Available compensation varies depending upon your medical condition.  An employee who has acquired an asbestos-related disease may recover up to $20,000 per lung if permanent damage has occurred.  If the lung condition has caused a permanent disability, weekly compensation may be available.  Death benefits, including funeral expenses and lost wages, may be provided to the family of a worker killed by an asbestos-related disease. 

Bankruptcy / Settlement Trusts

Many companies that manufactured or supplied asbestos products have declared bankruptcy.  Claims against these companies must be made against settlement trusts established under the bankruptcy actions, rather than against the companies themselves.  These settlement trusts were established to provide some compensation to persons injured by the companies’ use of asbestos.  Typically, the amount paid for each claim is much less than the actual value of the claim.

To recover against a trust, you must file a claim proving the requirements established by the settlement.  These requirements vary from trust to trust but can include proof of medical damages or proof of exposure to the company’s asbestos.  Recovering against a settlement trust often requires strict adherence to technical guidelines.  An experienced attorney can help ensure that these guidelines are properly followed. 

Personal Injury/Products Liability/Wrongful Death Lawsuits

If the company or companies responsible for the asbestos are solvent, a products liability or negligence lawsuit can be filed against the responsible company or companies.  Through such actions, you may be eligible to recover damages, including past and future medical expenses, lost wages and earning capacity, and pain and suffering. 

Time Limits

Each of the options listed above is limited by statutory time limits.  If you believe you may have an asbestos-related disease, it is important to contact an attorney as soon as possible to protect your rights.

Recovery

Recovering the compensation to which you are entitled can be tricky.  An experienced attorney can help you maximize your recovery by exploring all of your legal options and following each detailed requirement of the law.

You Have a Voice

If you have been diagnosed with an asbestos-related disease or believe that you have been exposed to asbestos products at work or at home, we at Ward Black Law are here to help.  We work hard to get our asbestos clients the compensation they need to address their medical needs and provide for their families.  We exist to give a voice to ordinary people facing extraordinary struggles. Contact us today for a free consultation.