Sources Of Compensation For Mesothelioma, Lung Cancer, And Other Asbestos-related Claims
If you or your loved one has been diagnosed with an asbestos-related disease like mesothelioma, it is not necessary to file a lawsuit in order to obtain compensation. Some people may be averse to filing a lawsuit for various reasons. For others, it may be that the only known sources of exposure to asbestos was from asbestos or asbestos-containing products sold or supplied by one or more companies who have since filed for protection under the federal bankruptcy code. Others may be turned off by the possibility of a long and expensive, litigation process. , which is often made even more difficult by defense lawyers paid by the hour and trying to help their client avoid paying a claim.
Fortunately, lengthy litigation and bankrupt companies need not be roadblocks to a claim. The lawyers at Summers, Rufolo & Rodgers offer a free consultation to help you learn about your options.
Call 423-933-2738 to discuss your specific situation.
There Are Alternative Options For Your Claim
Even though some companies have filed for bankruptcy protection from paying for mesothelioma and other asbestos-related claims, there are still other options to help victims recover.
We can help you learn more about those options, including:
Administrative claims through a bankrupt trust. If a company that contributed to your exposure to asbestos has filed for bankruptcy protection, there oftentimes is an administrative trust fund set up to compensate asbestos victims. Unlike the many ads on tv that make the process sound simple though, there is not “one massive fund”. Instead, each trust fund operates independently and each fund has medical and exposure requirements that must be satisfied. Chief among the exposure requirements is proving you or your loved one was exposed to the particular company’s asbestos or asbestos-containing products. This is where an experienced lawyer like the ones at Summers, Rufolo & Rodgers can help.
U.S. Department of Labor (OWCP). Potential federal workers’ compensation benefits are available through the Office of Workers’ Compensation (OWCP) at the U.S. Department of Labor. That agency covers federal workers’ compensation claims for mesothelioma and other asbestos-related diseases resulting from exposure while working on a federal job. In our area, this is most commonly seen with former employees who worked on one or more of the various T.V.A. power plants or who worked at one of the Department of Energy sites in Oak Ridge.
Veterans Affairs claims. The VA offers supports for victims of asbestos-related illnesses for people exposed while serving in the military.
F.E.L.A. (railroad benefits). If you or your loved one was exposed to asbestos while working for one of the railroads, potential benefits are available under the Federal Employers Liability Act. The F.E.L.A. was passed in 1908 to protect and compensate railroad workers injured on the job. An asbestos-related injury may qualify. However, it is usually necessary for a lawsuit to be filed against the railroad under whose employment the victim was exposed to asbestos. The lawsuit against the responsible railroad might be combined with a lawsuit against one or more of the companies who manufactured or supplied asbestos or asbestos-containing products to the railroad, but it does not have to be. A lawsuit against the railroad under the F.E.L.A. may be pursued without including any other claims or named defendants.
Our attorneys understand you may not want to spend the time and money on a long litigation process against asbestos manufacturers or suppliers. But you may still receive compensation for your claim. While providing less compensation than a lawsuit against asbestos manufacturers and suppliers might provide, these other options can still provide meaningful compensation without the time, expense, and hassle of a lawsuit, or, under the F.E.L.A., with at least a more focused lawsuit against a railroad.
Make An Appointment
Since the late 1970s, the lawyers at Summers, Rufolo & Rodgers have been providing legal support to asbestos victims and their families in the Chattanooga community and beyond. We were one of the first law firms to get involved in asbestos litigation. We offer a free consultation to help you learn more about the options available to you. To make an appointment for a no-cost consultation, call our office or complete the brief online form.