What is mesothelioma?
Mesothelioma is a rare and aggressive form of cancer caused by asbestos exposure that develops in the thin layer of tissue (the mesothelium) that covers most internal organs. The most common type of mesothelioma affects the lining of the lungs (pleura), but it can also occur in the lining of the abdomen (peritoneum), heart (pericardium), or testicles (tunica vaginalis).
What workers’ comp benefits can I get for mesothelioma?
In North Carolina, workers diagnosed with mesothelioma due to workplace asbestos exposure may be entitled to several types of workers’ compensation benefits, including:
- Medical benefits. Benefits include full coverage of treatments related to mesothelioma, including surgery, chemotherapy, hospital stays, doctor appointments, and medications.
- Wage loss benefits. If you’re still working at the time you’re diagnosed but the disease prevents you from continuing your job temporarily, wage loss benefits can provide compensation for lost income (typically two-thirds of your average weekly wage). However, if you’re retired, wage loss benefits may not apply, as they’re based on your current income as an employee.
- Permanent total disability (PTD) benefits. If mesothelioma renders you unable to work permanently, PTD benefits provide ongoing financial support. In some cases, even if you’re retired, proving the diagnosis was work-related could still entitle you to these benefits.
- Vocational rehabilitation. In some cases, if you’re still able to work but in a different capacity, workers’ compensation may cover retraining or job placement assistance.
- Death benefits. If a worker passes away from mesothelioma, surviving family members, such as a spouse or dependents, may be eligible for death benefits. These benefits typically cover funeral expenses and provide ongoing financial support to surviving dependents.
In the case that your mesothelioma was caused by a third party, such as a manufacturer of asbestos products, you may also be able to file a personal injury lawsuit against them for damages like pain and suffering. However, by accepting workers’ compensation, you forfeit the right to sue your employer, as workers’ comp is considered the exclusive remedy for workplace injuries.
How do I file a workers’ comp claim for mesothelioma in NC?
To file a claim for mesothelioma caused by asbestos exposure at work in North Carolina, you’ll need to take these steps:
- Seek medical care for an official diagnosis and treatment.
- Notify your employer by providing a written notice of your illness within 30 days of your diagnosis.
- Submit Form 18 to the North Carolina Industrial Commission as soon as possible, but no later than 2 years after diagnosis. The insurance company must provide written notice of claim acceptance or denial within 14 days of receiving Form 18.
While these steps are essential, mesothelioma claims can be complicated due to the long latency period and the complexity of proving workplace exposure. If your claim is denied or if you encounter challenges during the process, it’s highly recommended that you consult with a local workers’ compensation attorney who can help navigate the process, gather necessary evidence, and ensure you receive the benefits you need for the financial security of you and your family.
Were you diagnosed with occupational mesothelioma? Wilder Pantazis Law Group is here to help.
Mesothelioma is a devastating illness that can turn your life upside down, and we understand how overwhelming it is to face not only the physical and emotional toll but also the complexities of filing a workers’ compensation claim.
At Wilder Pantazis Law Group, we’re here to stand by your side, ensuring you receive the full benefits and support you need. With our experience in handling mesothelioma and work-related claims, we can connect you with medical experts and gather the necessary evidence to prove your case.
Whether you were diagnosed years after your exposure or are facing challenges navigating the workers’ compensation process, our knowledgeable work injury attorneys are committed to helping you secure the compensation you deserve.
Contact us today for a free consultation and let us take this burden off your shoulders so you can focus on your health and your loved ones.
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