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 mesothelioma, lung cancer and other diseases years after the asbestos fibres are inhaled.  The indestructible fibres cause respiratory difficulty, but over a long time can lead to cancers such as Mesothelioma.  Severe illness can develop decades after asbestos exposure. Claims are made and compensation is mainly paid by asbestos trusts to people whose asbestos exposure was before 1983 when the public knew less about the danger and there were few if any 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 from trust funds in the United States (subject to time limits for making claims) to Canadians, not just Americans.  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 regulated and licensed lawyer in Canada who can better understand your situation, Canadian Workers Compensation laws, Canadian workplace and other sources of asbestos exposure and our very different public health care system. Miskin Law Offices is the only Canadian law firm that is registered with most US asbestos trusts and directly handles asbestos compensation claims. Other Canadian law firms who advertise this type of work or for “asbestos lawsuits” refer clients to US law firms or to our firm for a referral fee for clients who are eligible for trust fund compensation. There are consultants who are not regulated licensed to practise law in Canada who advertise for clients in Canada.  The Miskin law firm has been working primarily in asbestos claims for a decade. We have recovered millions of dollars for our clients in asbestos compensation.  We look at a person’s entire life and work history for clues about the source of asbestos exposure.  Sometimes asbestos exposure begins in childhood due to a parent’s occupation. When exposure is not from work, worker’s compensation is not available but we can claim to the asbestos trusts for a person who may have been exposed to asbestos such as parents’ or spouses’ asbestos exposure.  For the Miskin Law firm asbestos injury claims from across Canada are our main area of law practice and we have the knowledge skill and experience needed to maximize compensation.  Our knowledge of Canadian asbestos worksites grows with every new case we handle.

Miskin Law Offices are based in Ontario, but we represent clients from all across Canada, in all Provinces and Territories, in making claims to American asbestos trusts.  We will travel to any part of Canada to see you as needed for your claim.  Usually we make a home visit to clients when affidavits must be signed and notarized to make claims.  This claim process is not a lawsuit, and you do not go to court to get the compensation. The evidence used is in the form of sworn affidavits, medical records and other documents that may be available. 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 usually get compensation from multiple sources.  The asbestos trusts are based in the United States and claims are paid in US dollars.  We work 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 or countries other than the USA or Canada.  Our clients do not pay more in fees to have Canadian representation and applicable  GST/HST is included in our contingency fee. Many people exposed to asbestos in their workplace are eligible for Workers Compensation benefits and often have a CHOICE on whether to claim Workers Compensation or apply to the asbestos trusts. It is important to get specific legal advice on your case BEFORE applying for Workers Compensation. Which Workers Compensation Board a person applies to is based on the Province where work with asbestos was done which is not necessarily the Province where a person lives.  People who worked with asbestos in different provinces may have a choice of Provincial Workers Compensation options or they could simply apply to the asbestos trusts. Alberta workers only exposed to asbestos in Alberta are required to apply for Alberta Workers Compensation benefits, and if found eligible may not apply to the asbestos trusts. Eligibility for Workers Compensation by province is based on where you worked with asbestos, not where you now live. In some cases, particularly with younger victims it may be preferable to apply for Workers Compensation and with victims past retirement age, it is generally better to apply to the asbestos trusts. Individual advice should be sought in all cases before proceeding through Workers Compensation.

It has been known for many years that asbestos exposure is dangerous to health of people especially when fibres are inhaled and get into the lungs. Microscopic 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 cancer 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 fatal disease. For more information on Asbestos visit our website: asbestosfacts.ca

asbestoscorrugatedpaper

Many common household and industrial products contained asbestos.  When, for example, asbestos corrugated paper is torn tiny fibres are released into the air and can be inhaled.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 are new or 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 to you for fees or our expenses.

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 or who have died from serious asbestos illness.  To get Miskin Law working for you email miskinlaw@yahoo.com or call 1-877-428-8000.

 

2 Comments

  • Robert says:

    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

    • admin says:

      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.

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