Asbestos Compensation Payouts – Making a Claim in Canada
About Asbestos and Compensation in Canada
Asbestos is a mineral historically used in insulation, fire proofing, building materials, brake pads and literally thousands of products. A tiny but visible piece of asbestos consists of millions of microscopic fibers light enough to float through the air unseen. When these fibres are breathed in, they can remain in the lungs indefinitely, as the body has no effective way to clear them. Years after inhalation, asbestos fibre irritation can lead to:
- Asbestosis – scarred lung tissue
- Lung cancer – usually in the lung tissue cells that line the air passages
- Mesothelioma – cancer of an organ lining, in most cases the lung lining
Canadian Law & Asbestos Exposure
Even though asbestos has been known to be dangerous since ancient times and the link with mesothelioma has been known since the 1940s the information was suppressed until the 1980s. The Canadian Government has supported the asbestos industry until recently and it was only in June 2015 that the Health Canada website updated its information to honestly discuss the danger of asbestos including Canadian asbestos.
Asbestos is still in more Canadian workplaces, hospitals, schools and residences than most people realize. If you or a loved one has been diagnosed with, suffer from, or die of an asbestos-related disease, there is a time limit to file for a claim. It is always best to get started while the victim is still alive and can confirm their asbestos exposure and give a history of their work with and near asbestos products. Often, whether a victim is dead or alive, it is necessary to do a lot of investigation to determine the source of asbestos exposure. Some of the people for whom we claim had secondary exposure to asbestos fibres through a spouse or parent who worked with it and unknowingly brought the danger home.
While the trust funds set up to help asbestos victims are in the United States, Canadians have a right to apply to most of them. Canadian law differs from U.S. law in complex ways. Your best chance for maximum compensation is to hire a Canadian lawyer with expertise navigating the claims route. Miskin Law is the only law firm with the know how to best serve you in this situation. Our law firm has focused primarily on asbestos claims for the better part of a decade. Our senior lawyer Murray Miskin, who was called to the Bar in Ontario in 1981, comes from a family of plumbers and grew up with asbestos. His father and his oldest brother were both plumbers who died from Cancer. He first worked on asbestos cases soon after graduating from Osgoode Hall Law School in 1979. The Miskin law firm is registered with most American asbestos trusts and regularly files claims on behalf of people from all over Canada. We are the only licensed law firm in Canada which makes claims directly to the asbestos trusts. Be careful if dealing with unregulated legal consultants or lawyers from elsewhere who are not licensed to practice law in Canada.
You will not have to go to court or engage in a lawsuit to make a claim. We will handle the entire claim-filing procedure, including investigating the likely sources of the asbestos exposure. We operate on a contingency-fee basis, which means there is no cost for your initial consultation and you will pay nothing for fees or even expenses unless you get compensation. When compensation is paid we reimburse our firm’s expenses and charge a set percentage of what you get. We include in our fee the GST or HST in our fees so you pay no extra sales tax on the legal fees. Compensation received is income tax free. Compensation is paid in US dollars and you can choose to receive US funds or have it converted to Canadian funds before we send money to you.
Whether you are local to one of our Ontario offices in Peterborough or Whitby, or you live anywhere else in Canada, we can help. Call 877-428-8000 to begin your free consultation and case review.