Tag Archives: asbestosis

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.

 

Canada Asbestos Mesothelioma Injury Claims for Clients



Asbestos Mesothelioma Injury Claim Lawyer in Canada

ASBESTOS EXPOSURE IS KNOWN TO BE DEADLY

Deadly Asbestos Fibers

 

Attention Canadian Asbestos Victims and family members: Compensation for those who suffer and the families of those who have died in recent years from serious asbestos related diseases from asbestos exposure is available to our clients in Canada.  Some Canadians are eligible for provincial Workers Compensation benefits and except in Alberta have a choice on whether to accept it or make a claim with a lawyer potentially for greater compensation.  You have probably seen plenty of confusing Asbestos Cancer and Mesothelioma ads from lawyers in the US promising big compensation if you call their toll free numbers.  When you do call they often do not understand your situation or you may not even get through because many US toll free numbers can not be reached from Canada.  If you are in Canada, you do not need to hire a lawyer in the USA to make a claim. You can have a Canadian lawyer represent you to make a claim for compensation for asbestos related diseases and get the same compensation and probably more. A Canadian lawyer can investigate your situation and advise you on your choices including Workers Compensation. The US lawyers have very little information about Canadian work sites known for asbestos and generally do not try as hard to get compensation for Canadian clients.  A Canadian lawyer who works on asbestos case can do the investigation needed to get compensation from the most sources.  There are very few lawyers in Canada who do handle these claims and for our firm it is now the largest part of our work. We check carefully on each claim to find as many asbestos exposure sources as we can to maximize the available compensation. We cross reference claims from our own data base of Canadian asbestos hot spots.

Miskin Law Offices in Ontario represents clients all across Canada in making claims to American asbestos trusts. This is not a lawsuit and you do not go to court to get compensation. They are essentially applications for compensation to Bankruptcy funds set up when almost all makers of asbestos products were put out of business by the many claims made against them based on serious harm caused by their products. Applications for our clients are made to many different asbestos trusts and our clients get compensation from multiple sources. We are familiar with Canadian law and workplaces. We understand how the Canadian system works and have many advantages in representing Canadian clients. We are familiar from case experience with Canadian asbestos use history and where known asbestos hazards exist.  Exposure to asbestos gives rise to a claim if the person exposed becomes ill from it even many years later. The asbestos trusts are all based in the United States and we usually work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm. The American lawyers we work with put the claims forward to the asbestos trusts.  Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the contingency fee. If the American lawyers can not help you we do not just give up.  We investigate further. If at the end of our investigation of your claim we conclude that we can not help you there is no charge to you for our services.

THE DANGERS OF ASBESTOS:  We are working to build awareness of the dangers of asbestos and the specific disease of Mesothelioma through our website Asbestos Facts Canada .  Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It is still present in many older buildings such as hospitals and schools and is safe if encapsulated and poses a serious hazard if it is disturbed.  It has been mined in various parts of the world including Quebec where there is a Town called Asbestos.  In the September 4, 2012 election the Quebec Liberal Government of Jean Charest which promised a loan to reopen the asbestos mine was defeated by the Parti Quebecois which opposed asbestos. Federal Government support for continued asbestos mining and exporting asbestos to the world has been a very controversial issue. Since the Quebec election the loan to the mine has been cancelled so it will not reopen and Federal Government support for the asbestos industry is fading. The use of asbestos is banned in Canada and most developed countries. Let your Federal Member of Parliament know how you feel about Canada exporting this deadly substance. Here is a link to an Operation Maple video about Canada’s export of asbestos including an interview with Murray Miskin:Asbestos Mesothelioma

Mesothelioma Asbestos Cancer Compensation

Murray Miskin in Asbestos Mesothelioma Video

It has been known for many years that asbestos is dangerous to the health of people exposed to it especially when fibers are inhaled and get into the lungs. it can stay in the lungs for many years without a person knowing it is there. There are serious long term consequences of exposure to asbestos.  Some of the most serious ones have only recently started to commonly appear.  Mesothelioma was once considered a rare condition but sadly it has now become very common. The 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. Mesothelioma can develop 30-50 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 compensation is available for this horrific and generally fatal disease.

The very serious diseases affect people who have worked with asbestos, had loose fibers 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.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation for Canadians is Available

If a loved one has developed one of these conditions in Canada 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 should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to investigate each case and know the source or sources of exposure to asbestos to determine which manufacturers were involved and where claims may be placed. If a person is suffering from Mesothelioma we move quickly to get necessary information and documentation including affidavits to be sworn to maximize compensation. 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 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. We only handle cases involving people who have serious asbestos illness. Having “asbestos on the lungs” may entitle a person to very small compensation but more importantly it means they are at risk for serious disease and should be monitored by their doctors regularly.

Contact Miskin Law Offices

Contact the Miskin Law Offices in Ontario for information on making a claim for asbestos related diseases.  Email miskinlaw@yahoo.com or call 416-492-0989 from the Toronto area or toll free 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States. Again we will investigate your possible claim with no cost on your part. If we can get you compensation our fees and expenses are fully paid from the compensation you receive.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars (which is no longer to our advantage). Usually, we work hard to determine the source of asbestos exposure to maximize the available compensation funds. If we can prove a particular company’s products were used we can get compensation from the applicable trust (again it is not a lawsuit and you do not go to court).  Many people have no idea where they were exposed or do know but know little about the specific asbestos products.  There has to be significant illness diagnosed, not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay any additional PST, GST or HST on a settlement.

Often we can get clients compensation from more than one trust fund. We make sure to try all relevant asbestos trusts to maximize compensation.  Eligibility for multiple trust compensation is dependent on the source of the asbestos exposure. The more details you have on the source of asbestos and specific asbestos products and dates of exposure the more sources of compensation there are.  We are seeing some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation so long as we can prove asbestos to be the cause of an illness or if there is a Mesothelioma diagnosis.  With confirmed Mesothelioma, that is not a problem.  The right to bring a claim may be taken away by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB, Work Safe or WSIB claims made when you first contact us. DO NOT APPLY FOR WORKERS COMPENSATION FOR MESOTHELIOMA UNTIL YOU HAVE HAD LEGAL ADVICE.  The Boards have brought U.S. claims for a number of Canadians through American law firms and where that is done we can not bring a claim. Sometimes we need consent from the Workers Compensation Board or from the employer who in some situations pays the benefits, before we can proceed. Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker and only pay the worker or their family the excess amount if there is any. Workers Compensation pays a contingency fee to the lawyers they use and also charges its own administrative fee from money it recovers. There is rarely if ever money that they will pay to the worker or the worker’s family from the asbestos trusts.  We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons entitled to benefits from Alberta Workers Compensation do not have any right to make a separate claim for compensation. In Ontario we are claiming on behalf of families of victims and on behalf of School Boards with respect to illness from asbestos exposure in schools.

Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years and has worked on national and international injury claims.  Our experience gives us an edge in representing Canadians on asbestos claims. Murray Miskin has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm in Toronto as soon as he finished law school. We are settling many asbestos claims  now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and respect and get you results without added stress or work on your part. If you have documentation of the medical condition and information on the source of asbestos exposure (especially type of asbestos product) that helps us get results more quickly. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected with a regulated contingency fee from the recovery split between the lawyers working on the claim.

You may call our office at a local number or toll free nationally at 1-877-428-8000 and speak with Anna at Extension 118, or Murray at Extension 111 about your situation.  For a speedy response seven days a week email details to Murray Miskin directly: miskinlaw@yahoo.com


Canadian Asbestos – Mining, Exposure and Export

Asbestos Snow in "The Wizard of Oz" movie

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Since the 1870s the mineral asbestos was mined in Quebec and Canadian asbestos mining used to be considered one of our country’s greatest natural resources and sources of wealth. Nobody had heard of Asbestosis or Mesothelioma resulting from asbestos exposure. Asbestos was seen as one of the greatest substances known to man. Asbestos is virtually indestructible, it is a most effective fireproofer and insulator with many practical uses. Asbestos uses have included artificial snow for Christmas decoration and for movies like 1939′s The Wizard of Oz with Judy Garland, and Holiday Inn, which in 1942 introduced the song White Christmas. Regular asbestos use was common across Canada in covering pipes, electrical wiring, insulation, floor tiles, children’s toys, kitchen equipment, blankets, curtains, bricks, cement, gaskets, fireman’s suits, auto brake linings, lawn furniture and even filters for cigarettes. Asbestos use and fire safety were almost synonymous words. Regular daily asbestos exposure was a fact for most Canadians.

There has been Asbestos use by people in cookware and in clothing for over 4,000 years. The word asbestos comes from a Greek word meaning “unquenchable” or “inextinguishable”. Charlemagne, the first Emperor of the Holy Roman Empire, was known to have an asbestos tablecloth in about the year 800. When Marco Polo visited Siberia in his travels during the 13th Century, he was presented with asbestos clothing which he was first told was made from special wool from a magical lizard (salamander). Its qualities were considered magical. Marco Polo eventually did learn that asbestos actually came from the ground. Like spices and pasta the mineral asbestos was brought back by Marco Polo and introduced to Europe where asbestos exposure and use became common. Asbestos use became more common for industry in the 1800s. As Canada developed, asbestos was discovered and asbestos mining developed into a major Quebec industry.

Long before anyone knew of the potential for extracting large quantities of oil from the bitumen of the Alberta tar sands, the magical mineral asbestos was viewed as one of Canada’s greatest assets. “These enormous asbestos deposits in the province of Quebec are immensely valuable to Canada in war and peace, and they form a very important part of our great heritage of mineral wealth,” said CBC Radio’s Lorne Greene in 1942, on-site at the Jeffrey Mine in Asbestos, Quebec. But far worse than today’s oil from sand, which has a huge environmental price attached to it, the more easily mined asbestos comes with a deadly impact on miners, people who work with it and people simply exposed to asbestos in everyday life. Asbestos mining has advanced with protection for the miners. The asbestos exposure danger is greatest from breathing in asbestos fibers. The fibers remain in the body indestructible and for many people slowly causing serious diseases like asbestosis and mesothelioma.

In ancient days there was some suspicion of ill effects from asbestos use as it was noted that the slaves who wove asbestos into clothing became ill and had breathing difficulty. They were the symptoms of asbestosis. The connection to asbestos exposure was noted but not a concern since the weavers were slaves and easily replaced. It was not until 1906 that the first human was diagnosed as having died as a result of asbestos exposure. Researchers began to investigate respiratory health problems in asbestos mining towns and it became clear asbestos exposure was the culprit. Conditions such as asbestosis where long term asbestos exposure causes severe respiratory disease became known in the early 1900s with the first official asbestosis death noted in medical journals in 1924. Mine owners and other business users of asbestos did all they could to suppress knowledge of the danger of asbestos. The horrible condition of Mesothelioma which is a deadly and painful cancer of the lining of the lungs was discovered in the 1920s but not linked to asbestos until the 1940s. Mesothelioma can only be caused by asbestos exposure. By the 1970s awareness and fear of asbestos related diseases led to asbestos use being regulated and phased out. There were strikes in the mines due to safety concerns. Lawsuits began which eventually put most mines out of operation and most asbestos product manufacturers into bankruptcy. Asbestos mining is now a very small industry in Canada but asbestos mining continues to get strong support from the Quebec Government in its attempts to support the asbestos mining industry.

Canada continued asbestos mining and export even though asbestos use is banned in Canada and most developed countries. Canadian asbestos is now killing people all over the world with support for the asbestos mining industry from both the Federal and Quebec Governments despite growing opposition to it by Canadians. The Government of Canada has helped prevent a world ban on asbestos and it’s support for the Canadian asbestos industry is a major political issue today. Please view Operation Maple’s video regarding Canada exporting asbestos featuring an interview with Murray Miskin: http://www.youtube.com/watch?v=uEgwgfVmv7g

More and more Canadians are finding they have Mesothelioma or other serious cancers and other conditions (asbestosis, pleural plaques) caused by exposure to asbestos and asbestos use which may have been many years ago. The Miskin law firm represents Canadian asbestos victims and their families in getting compensation for Asbestosis, Mesothelioma and other diseases. We work to promote awareness of the dangers of asbestos exposure. There is compensation for some people for asbestosis and mesothelioma through Workers Compensation, and we bring claims to asbestos trusts set up to pay claims for asbestos victims from the assets of the asbestos product companies. The greatest compensation is for victims of mesothelioma. Miskin law offices are the leading mesothelioma lawyers in Canada. Call our office or Email miskinlaw@yahoo.com if you or a family member believe you have a claim.

We now have a new informational website where we provide more asbestos facts related to Canada along with links to many asbestos and mesothelioma related resources and organizations. It is www.asbestosfacts.ca

We encourage you to learn more and join the battle to protect Canadians from asbestos and to protect the world from Canadian asbestos exports.

Asbestos, Quebec, Canada