Asbestosis is a chronic, progressive lung disease caused by inhaling asbestos fibers over a period of years. Unlike mesothelioma, which is a form of cancer, asbestosis is a non-cancerous scarring of lung tissue. The scarring makes it difficult for the lungs to expand and contract, leading to shortness of breath, a persistent dry cough, chest tightness, and in advanced stages, reduced oxygen in the blood. The disease typically develops 10 to 40 years after the first exposure, which means many people are diagnosed long after they have left the job where the exposure occurred.
For workers who developed asbestosis on the job, workers' compensation is often the first legal avenue available. Workers' compensation is a state-regulated insurance system that provides medical benefits and partial wage replacement to employees injured or made ill by their work, regardless of who was at fault. In exchange, the worker generally gives up the right to sue the employer directly for negligence.
Who Can File an Asbestosis Workers' Compensation Claim
Eligibility depends on state law, but generally a claim requires three elements:
- Employment exposure: The worker must show they were exposed to asbestos while performing job duties for an employer covered by the state's workers' compensation system.
- Medical diagnosis: A physician must diagnose asbestosis, typically through imaging studies such as chest X-rays or CT scans, along with a history of asbestos exposure and pulmonary function testing.
- Timely filing: Each state sets a deadline, called a statute of limitations, for filing a claim. Deadlines vary widely, and some states have special rules for occupational diseases that develop slowly over time.
Workers in many industries have been affected, including construction, shipbuilding, insulation installation, automotive repair, plumbing, electrical work, and manufacturing of asbestos-containing products. Family members who were exposed to asbestos fibers brought home on a worker's clothing may also develop asbestosis, but they generally cannot file a workers' compensation claim because they were not employees. They may have other legal options, which a qualified attorney can explain.
What Benefits Are Available
Workers' compensation benefits for asbestosis typically include payment for medical treatment, diagnostic testing, prescription medications, and in some cases, travel costs for medical appointments. Wage replacement benefits may be available if the disease prevents the worker from performing their usual job. The amount and duration of these benefits are set by state law and are usually a percentage of the worker's average weekly wage, subject to a maximum cap.
Some states also provide additional benefits for permanent impairment or disability. Because asbestosis is progressive, a worker's condition may worsen over time, and it may be possible to reopen a claim or seek an increased award if the disease advances. An attorney familiar with occupational lung disease claims can help determine whether such options exist in a given state.
Workers' Compensation Versus Other Claims
Workers' compensation is not the only route. Many workers with asbestosis also have claims against manufacturers, suppliers, or distributors of asbestos-containing products, because those companies are not the worker's employer and are not protected by the workers' compensation system. These product liability claims can seek compensation for pain and suffering, which workers' compensation does not provide. In many cases, a worker can pursue both a workers' compensation claim and a third-party claim at the same time, though the workers' compensation insurer may seek reimbursement from any settlement or award.
It is also important to note that asbestosis and mesothelioma are different diseases. A person with asbestosis has an increased risk of later developing mesothelioma or lung cancer, and a separate claim may be possible if a cancer diagnosis occurs.
Practical Steps for Patients and Families
If you or a loved one has been diagnosed with asbestosis, begin by documenting your complete work history, including job sites, employers, dates, and the types of materials handled. Keep all medical records, imaging reports, and pulmonary function test results organized. Report the diagnosis to your employer as soon as possible, and ask about the state workers' compensation filing deadlines. Because state laws differ significantly, consulting with an attorney who handles occupational disease claims in your state is strongly recommended. Many attorneys offer free initial consultations and work on a contingency basis, meaning they are paid only if the claim is successful.
Workers' compensation claims for asbestosis can be complex, particularly when the exposure occurred decades ago or involved multiple employers. Taking prompt action and seeking experienced legal guidance can help ensure that all available benefits are pursued.
