Mesothelioma Compensation: Claims, Benefits and Asbestos Exposure
Mesothelioma compensation may be available to some people who develop mesothelioma or another asbestos-related disease after being exposed to asbestos at work, during military service, through asbestos-containing products, or in other circumstances.
Compensation can come from different sources depending on a person’s exposure history, employment, military service, the companies involved, where the exposure occurred, and other legal factors. Possible sources may include asbestos trust funds, personal injury claims, wrongful death claims, workers’ compensation benefits, and certain veterans benefits.
This guide explains the basics of mesothelioma compensation, asbestos exposure, common claim options, and where people can find reliable medical and government information.
What Is Mesothelioma?
Mesothelioma is a rare cancer that develops in the thin tissue, called the mesothelium, that covers certain internal organs. The most common form affects the lining surrounding the lungs and is known as pleural mesothelioma. Mesothelioma can also develop in the lining of the abdomen and, less commonly, in other areas of the body.
According to the National Cancer Institute, exposure to asbestos is an important risk factor for malignant mesothelioma.
What Causes Mesothelioma?
Asbestos exposure is the main known cause of mesothelioma. Asbestos is a group of naturally occurring mineral fibers that were widely used in construction materials, insulation, shipbuilding, automotive products and other industries because of their resistance to heat and fire.
When asbestos-containing materials are disturbed, tiny fibers may become airborne. A person may inhale or swallow these fibers. Over time, asbestos fibers can remain in body tissue and may contribute to inflammation, scarring and cancer.
Why Can Mesothelioma Appear Decades After Asbestos Exposure?
Mesothelioma often has a very long latency period. This means many years can pass between the original asbestos exposure and the development of symptoms or diagnosis.
The Agency for Toxic Substances and Disease Registry, part of the CDC, reports that signs of mesothelioma may not appear until approximately 30 to 40 years after asbestos exposure. This long delay is one reason people may be diagnosed many years after leaving the job or environment where exposure occurred.
Learn more from the CDC/ATSDR information on asbestos health effects.
Who May Be at Risk From Asbestos Exposure?
Historically, asbestos exposure occurred in many occupations. Workers who handled asbestos-containing products or worked around airborne asbestos fibers may have faced greater exposure.
- Construction workers
- Shipyard workers
- Insulation workers
- Demolition workers
- Carpenters
- Industrial and factory workers
- Miners and mill workers
- Mechanics working with some older brakes and clutches
- Military personnel exposed to asbestos-containing materials
Exposure may also occur when older asbestos-containing materials are damaged, renovated, removed or demolished.
What Is Mesothelioma Compensation?
Mesothelioma compensation is money or benefits that may be available to an eligible person diagnosed with an asbestos-related illness or, in some cases, to surviving family members.
There is no single national mesothelioma compensation program that applies to everyone. The type of claim available depends on the circumstances surrounding the asbestos exposure and the laws that apply to the case.
1. Asbestos Trust Fund Claims
Some companies that faced large numbers of asbestos-related claims entered bankruptcy and established asbestos personal injury trusts. These trusts were created to compensate eligible present and future claimants.
The U.S. Government Accountability Office has documented the role of asbestos bankruptcy trusts and explains that individual trusts have their own procedures for evaluating and paying claims.
Read the U.S. Government Accountability Office report on asbestos trusts.
2. Personal Injury Lawsuits
A person diagnosed with mesothelioma may be able to pursue a personal injury claim against one or more parties that may be legally responsible for asbestos exposure. These cases can involve manufacturers, suppliers, contractors, employers or other entities depending on the facts and applicable law.
Deadlines for filing legal claims vary by state and by the circumstances of the case. Anyone considering legal action should speak with a qualified attorney about the laws that apply to their situation.
3. Wrongful Death Claims
When a person dies from mesothelioma or another asbestos-related disease, certain surviving family members or the person’s estate may be able to pursue a wrongful death claim. Eligibility, deadlines and available damages vary by state.
4. Workers’ Compensation
Some people who were exposed to asbestos through their employment may qualify for workers’ compensation or other occupational disease benefits. Workers’ compensation rules are different in each state, so eligibility should be evaluated based on the worker’s employment and exposure history.
5. VA Disability Compensation for Veterans
Veterans who developed a health condition connected to asbestos exposure during military service may be eligible for VA disability compensation.
The U.S. Department of Veterans Affairs states that a veteran generally needs evidence of an asbestos-related health condition, asbestos exposure during military service, and a connection between the exposure and the medical condition.
Veterans can review eligibility information at the U.S. Department of Veterans Affairs asbestos exposure page.
What Evidence May Be Needed for a Mesothelioma Claim?
Every claim is different, but documentation can play an important role in establishing a diagnosis and showing where asbestos exposure may have occurred.
- Medical records confirming the diagnosis
- Pathology or biopsy reports
- Employment records
- Military service records
- Worksite locations
- Job titles and job duties
- Names of employers or contractors
- Information about asbestos-containing products
- Statements from former coworkers or witnesses
- Records showing when and where exposure may have occurred
What Are Common Symptoms of Mesothelioma?
Symptoms depend on where the disease develops and may resemble symptoms of other medical conditions. Pleural mesothelioma, which affects tissue around the lungs, may cause symptoms such as:
- Shortness of breath
- Chest pain
- Persistent coughing
- Unexplained weight loss
- Fatigue
- Fluid buildup around the lungs
Symptoms alone cannot diagnose mesothelioma. Anyone who has symptoms and a history of asbestos exposure should discuss that history with a qualified medical professional.
What Is the Difference Between Mesothelioma and Asbestosis?
Mesothelioma and asbestosis are both associated with asbestos exposure, but they are different diseases.
Mesothelioma is a cancer affecting the mesothelium, the tissue lining certain organs.
Asbestosis is a chronic lung disease caused by scarring of lung tissue after asbestos fibers are inhaled. Asbestosis is not cancer, although a person with asbestos exposure may be at risk for several asbestos-related diseases.
How Is Mesothelioma Treated?
Treatment depends on factors including the type and stage of mesothelioma, where it is located, a person’s overall health and whether the disease can be treated surgically.
Treatment may include surgery, chemotherapy, immunotherapy, radiation therapy, symptom-relief procedures or combinations of treatments. Some patients may also be eligible for clinical trials.
The National Cancer Institute’s mesothelioma treatment guide provides information about treatment options.
How Much Mesothelioma Compensation Can Someone Receive?
There is no guaranteed or standard amount of compensation for a mesothelioma claim. The amount can vary considerably depending on factors such as the source and duration of asbestos exposure, number of responsible companies, type of claim, available trust funds, insurance coverage, state law, medical evidence and other circumstances.
Be cautious of websites or advertisements that guarantee a particular settlement amount before reviewing the facts of a case.
How Long Do You Have to File a Mesothelioma Claim?
Legal deadlines, commonly called statutes of limitations, can restrict how long a person has to file certain claims. The deadline may begin around the time of diagnosis, death or another legally significant event, depending on state law and the type of claim.
Because these deadlines vary, someone considering a legal claim should not rely on a general website article to determine their filing deadline.
Frequently Asked Questions About Mesothelioma Compensation
Can family members receive mesothelioma compensation?
In some situations, surviving spouses, children, estates or other eligible parties may be able to pursue compensation after a person dies from an asbestos-related illness. Eligibility depends on the type of claim and applicable law.
Can a person file more than one type of asbestos claim?
Possibly. Depending on the exposure history and applicable rules, a person might have claims involving more than one asbestos trust or responsible party. Veterans benefits, workers’ compensation and civil claims may also involve separate systems. An attorney familiar with asbestos cases can evaluate how different claims may interact.
Does every person exposed to asbestos develop mesothelioma?
No. Asbestos exposure increases the risk of asbestos-related diseases, but exposure does not mean that a person will automatically develop mesothelioma.
Can mesothelioma be diagnosed many years after retirement?
Yes. Because mesothelioma can have a latency period lasting several decades, diagnosis may occur long after a person stopped working around asbestos.
Reliable Mesothelioma and Asbestos Resources
- National Cancer Institute – Mesothelioma
- National Cancer Institute – Mesothelioma Treatment
- CDC/ATSDR – Health Effects of Asbestos
- U.S. Department of Veterans Affairs – Asbestos Exposure
- U.S. Government Accountability Office – Asbestos Injury Compensation
Final Thoughts on Mesothelioma Compensation
A mesothelioma diagnosis can raise medical, financial and legal questions at the same time. People with a history of asbestos exposure may have several possible sources of compensation, but eligibility depends on the facts of each case.
Anyone concerned about possible asbestos-related illness should speak with a qualified healthcare professional. People considering compensation or a legal claim should consult a qualified attorney or authorized benefits representative who can evaluate their individual circumstances and applicable deadlines.
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Disclaimer: This article is provided for general educational information only. It is not medical or legal advice and does not create an attorney-client relationship. Medical diagnosis and treatment decisions should be discussed with a qualified healthcare professional. Legal rights, deadlines and compensation eligibility vary by jurisdiction and individual circumstances.