Mesothelioma, Lung Cancer and Asbestos

Respiratory Difficulty Caused

Asbestos fibres enter the lungs and do not leave

Many Canadians are still regularly exposed to asbestos where they work, visit go to school or live. Asbestos exposure can cause deadly lung cancer and diseases such as mesothelioma when the asbestos fibres are inhaled.  The indestructible fibres cause respiratory difficulty, but over time can lead to deadly diseases such as Mesothelioma.  Severe illness can develop many years after asbestos exposure. Claims are made and compensation is mainly paid by asbestos trusts to people whose asbestos exposure was 20 or more years ago when there were less safeguards in the use and removal of asbestos.  Compensation for those who suffer and the families of those who have died from mesothelioma, lung cancer and other serious asbestos related diseases  is available to Canadians.  If you are in Canada, you do not need to hire a US lawyer to make a claim. You can be better served by a lawyer in Canada who can better understand your situation, Canadian Workers Compensation laws, Canadian sources of asbestos exposure and our health care system. Miskin Law Offices is one of very few Canadian law firms that handle asbestos compensation claims. We look at a person’s entire work history for clues about the source of asbestos exposure.  When exposure is not from work we consider alternative ways that a person may have been exposed to asbestos.  For the Miskin Law firm asbestos injury claims from across Canada are our main area of law practice.

Miskin Law Offices are based in Ontario, but represent people from all across Canada, in all Provinces and Territories, in making claims to American asbestos trusts.  This is not with a lawsuit and you do not go to court to get compensation. They are essentially applications for asbestos compensation to funds set up when almost makers of asbestos products were put into bankruptcy by the many claims made against them based on harm caused by their products. Applications for our clients are made to many asbestos trusts and our clients get compensation from multiple sources.  The asbestos trusts are based in the United States and we work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm.  We are working with UK lawyers to get compensation from insurers and others where exposure was in the UK.  The American asbestos trusts do not pay people whose only exposure was in the UK.  Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the contingency fee. Many people exposed to asbestos in their workplace are eligible for Workers Compensation benefits and may have a CHOICE on whether to claim Workers Compensation or apply to the asbestos trusts. It is important to get specific legal advice BEFORE applying for Workers Compensation. Which Workers Compensation Board a person applies to is based on the Province where work with asbestos was done not necessarily the Province where a person lives.  In Alberta workers are required to apply for Alberta Workers Compensation benefits and if found eligible may not apply to the asbestos trusts.

It has been known for many years that asbestos exposure is dangerous to health of people especially when fibers are inhaled and get into the lungs. Asbestos can stay in the lungs for many years without a person knowing it is there. There are serious long term consequences of asbestos exposure.  The asbestos diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. It is generally considered a form of lung cancer but it is not always associated with the lungs.  Mesothelioma can develop 20-50 years after even just a little exposure to asbestos.  Mesothelioma was thought to be a very rare condition but it is appearing more commonly because it takes a long time to develop and it was not always diagnosed properly in the past. Mesothelioma can only be caused by asbestos and maximum asbestos compensation is available for this horrific and generally fatal disease. For more information on Asbestos visit our website: asbestosfacts.ca

The very serious diseases from asbestos affect people who have worked with asbestos, had loose fibres in their workplace (sometimes from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard day of work with asbestos on their bodies or their clothes.

If a loved one has developed one of these conditions in Canada, the UK or the USA and is seriously ill or has died due to asbestos exposure it can be proven with medical records and compensation will follow.  Doctors can confirm causation by asbestos when the diagnosis is made. A biopsy for lung cancer victims is most effective. Asbestos compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  To maximize compensation Miskin law offices needs to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding. Some of the asbestos trusts have longer time limits so it is worth checking if there is a positive diagnosis even if the death was long ago. We will investigate possible claims for no cost or obligation and if at the end of our investigation we can not help you there is no charge.

Our law offices do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. Miskin law offices only handles cases involving people who have serious asbestos illness.

 

3 Responses to Mesothelioma, Lung Cancer and Asbestos

  1. To Whom it concerns,

    My Father died of Mesothelioma in 2009 one year after diagnosis due to asbestos exposure while working as an electrician at Stelco in Hamilton, Ontario.

    Do you know of any class-action or other lawsuits brought against Stelco and/or if there is a fund available for claims or anything that might be helpful regarding Canadian victims or victims of Mesothelioma directly related to Stelco. If there is a resource that list the names of Canadian claimants, that would also be helpful.

    Please advise by return email.

    Many Thanks

    • Robert, it is important for everyone to understand that you can not sue the employer for Mesothelioma at the workplace. Workers Compensation was set up years ago to protect employers from lawsuits by employees and to give some compensation to injured workers without regard to fault for the injury. When a person claims WSIB benefits in Ontario they assign to WSIB the right to claim compensation available from the asbestos trusts in the United States. If Workers Compensation (or WSIB) is claimed I generally can not help but if a person chooses not to get Workers Compensation they do have a right to claim from the asbestos trusts which is what I do for people. Some people are not eligible for Workers Compensation but those who are need to carefully consider whether to do that or go through us. For some people it is better to go through Workers Compensation especially if they are young when they are diagnosed with Mesothelioma. We advise people to help them make that choice. When contacting us by phone or direct email let us know the status of any workers compensation claims.

  2. Pingback: Asbestos Mesothelioma Risks | Mesothelioma Lawyers

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