Workers who developed mesothelioma after being exposed to asbestos dust in the workplace may decide to file a legal claim to possibly get benefits to cover the high cost of treatment they need to prolong their lives. However, there are times when potential claimants do not know exactly whom to blame for their illness.

When a worker developed mesothelioma, he or she initially may file for workers’ compensation benefits as he or she is not allowed to file a lawsuit in court against the employer. As a person may only file workers’ compensation claim when he or she sustained injuries in the workplace, the situation is difficult when the injured person is a contractor employee. It is critical for a mesothelioma patient to actually determine his or her direct employer. For example, in a construction setup various contractors work in one place in constructing a building. A construction worker exposed to asbestos by default may only file workers’ comp against the company that pays his or her wages. The injured worker cannot get benefits from the building owner or from other contractors even they are negligent. It is even more complicated when a company employee had worked in different workplaces for several years.

Unfortunately, workers’ comp benefits has limitations and it may not cover all the treatment expenses of a worker who developed mesothelioma cancer. Mesothelioma patients are often required to undergo surgery procedures and various maintenance therapies to alleviate their condition. Mesothelioma, according to the lawyers of Williams Kherkher, is a highly lethal cancer in the malignant state. Workers who believed that there are other companies are also liable for their mesothelioma, they may file a separate lawsuit against them. Unlike workers comp claim that is often filed administratively, injured workers may file a lawsuit against negligent companies in general court. Holding other companies or contractors liable after an asbestos exposure is difficult as the law for secondary asbestos exposure continue to progress.


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