Can I File a Workers’ Compensation Claim for an Asbestos-Related Disease?
If you’re exposed to asbestos, there’s a good chance it happened while you were on the job. Many asbestos products were used in homes and vehicles, but workplace exposures were much higher.
You may qualify for workers’ compensation benefits if you’re injured on the job, including work-related diseases like lung cancer or mesothelioma from asbestos exposure.
Who is Covered by Workers’ Compensation?
With a few exceptions, all Kentucky employers are covered by the state’s Workers’ Compensation Act. They must carry insurance or be self-insured (except if they’re exclusively engaged in agriculture).
This means that the vast majority of workers in Kentucky are covered by workers’ compensation.
Firefighters are especially vulnerable to asbestos exposure. If an asbestos product is in a burning building, asbestos fibers are probably going into the air with the smoke or the steam created when water hits something hot.
Every member of a volunteer ambulance service, fire, or police department is considered an employee of the political subdivision of the state organizing the department, so they qualify for workers’ compensation.
Does Workers’ Compensation Cover an Asbestos-Related Disease?
Yes, workers’ compensation can cover asbestos-related diseases if you were exposed to asbestos at work.
Workers’ compensation insurance is designed for workers harmed by workplace injuries and occupational diseases. Under state law, an injury or disease must be work-related or it “arises out of and in the course of employment.”
The part of workers’ compensation law defining its terms states:
“Injury means any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings.”
An asbestos-related disease could be seen as an injury due to the cumulative trauma of repeated asbestos exposure at work. Kentucky workers’ compensation law also covers occupational diseases (like mesothelioma or lung cancer). These conditions are caused by exposure to a workplace hazard (asbestos), and they usually develop over a long time.
What is Covered Under a Workers’ Compensation Claim For an Asbestos-Related Disease?
Workers’ compensation claims typically cover:
- Medical expenses related to your illness.
- Partial wage replacement.
- Death benefits to dependents if a worker dies from the condition.
- Other payments in certain conditions.
The employer where you were last exposed to asbestos is responsible for paying you benefits. You’d need a physician’s opinion to establish that your work caused your injury or disease.
How Much Time Do I Have to Seek Workers’ Compensation Benefits?
Generally speaking, you have up to 20 years to seek workers’ compensation benefits from an asbestos-related claim in Kentucky.
Asbestos diseases can take decades to develop. So Kentucky law has special rules for occupational disease claims. To have a valid claim, you must notify your employer as soon as practically possible after:
- You first notice symptoms that could reasonably signal you have an asbestos-related disease, or
- A doctor diagnoses you with the disease (whichever happens first).
You’re not obligated to provide this notice until you become aware of it.
The state of Kentucky normally has a two-year statute of limitations on when you can file a workers compensation claim. But the occupational disease clause of the statute extends this for years.
But under Kentucky law, if the disease manifests more than twenty (20) years from the date of your last exposure, your claim may be denied.
Furthermore, if an injury is related to work-related exposure to cumulative trauma, your claim will be barred unless notice to the employer is given within two years from when you were told by a physician this trauma injury is work-related.
What to Do if Your Workers’ Compensation Claim is Denied
After giving your notice, your employer may deny your claim. But that isn’t the end of your right to seek compensation.
If a resolution can’t be reached, you can file an Application for Resolution of Claim to the state’s Education and Labor Cabinet. Most workers’ compensation claims are resolved by a settlement agreement between the parties and approved by an Administrative Law Judge (ALJ).
If disagreements between you and your employer or ex-employer prevent an agreement, the dispute must be decided by an ALJ. Their decision can be appealed to the Workers’ Compensation Board. The Board’s decision can be appealed to the state’s Court of Appeals.
However, you should always consult with an attorney to assist in determining what rights you might have following the diagnosis of asbestos related disease.
What if I No Longer Work For The Company Where I was Exposed to Asbestos?
You can still file a claim even if you no longer work where you were exposed to asbestos.
Workers’ compensation benefits are based on where you were last exposed, not whether you still work there. You’ll just need medical proof linking your condition to that particular place of employment.
What if My Employer No Longer Exists?
Even if your former employer went out of business or shut down, coverage may still be available through their worker’s compensation insurer or the state’s system.
An attorney can help you track down coverage and file your claim.
Get Help If You Have Been Diagnosed with Mesothelioma
If you have been diagnosed with mesothelioma or another asbestos-related disease, focus on your medical care and quality of life while we focus on your legal rights. Depending on your situation, you may have a right to file for workers’ compensation benefits. To get help, call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation.