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Can I Sue My Employer for Exposure to Asbestos?

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Attorney David Laborde | Attorney Digger Earles
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  3. Can I Sue My Employer for Exposure to Asbestos?
On This Page
  1. What Should I Do if I’ve Been Exposed to Asbestos at Work?
  2. What Are My Legal Options if I Can't Sue My Employer Directly?
  3. What Are the Common Challenges in Suing My Employer for Asbestos Exposure?
  4. What Compensation Can You Recover for Asbestos Exposure?
  5. Get the Legal Support You Need After Asbestos Exposure
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
Can I Sue My Employer for Exposure to Asbestos?

In Louisiana, workers‘ compensation laws generally prevent you from suing your employer directly for asbestos exposure. These laws provide benefits for work-related injuries and illnesses, such as mesothelioma, in exchange for limiting an employee’s right to sue. However, these benefits may not cover all your losses, particularly non-economic damages.

If your employer demonstrated gross negligence, intentionally exposed you to asbestos, or knowingly violated safety regulations, you may have grounds to file a lawsuit. Consulting a Lafayette mesothelioma lawyer can help you understand your legal options, determine whether your case qualifies for an exception, and pursue the appropriate course of action.

What Should I Do if I’ve Been Exposed to Asbestos at Work?

If you’ve been exposed to asbestos at work, there are several steps you should take immediately. First, seek medical attention to determine if you have any health conditions related to asbestos exposure, such as mesothelioma. Early diagnosis is crucial for treatment and building a strong legal case.

Next, document your exposure by noting details like the location, timeframe, and any products or materials involved. Consulting with a Lafayette mass tort lawyer can help you understand your legal rights and whether you should pursue a workers’ compensation claim or explore third-party lawsuits for maximum compensation.

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What Are My Legal Options if I Can’t Sue My Employer Directly?

If you cannot sue your employer directly, your legal options include pursuing a workers‘ compensation claim or filing a lawsuit against a third party. Workers’ compensation can cover medical expenses and a portion of lost wages due to asbestos-related illnesses, but it often does not provide compensation for pain and suffering.

A third-party claim allows you to pursue compensation from parties other than your employer, such as manufacturers of asbestos–containing products or property owners who failed to warn of asbestos exposure. A Lafayette personal injury lawyer can help explore these options and guide you through the best approach for your case.

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I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

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What Are the Common Challenges in Suing My Employer for Asbestos Exposure?

Suing an employer for asbestos exposure involves several challenges, including proving liability, identifying all responsible parties, and meeting strict legal deadlines. Understanding these obstacles is important when pursuing a claim.

Proving a Link Between Asbestos Exposure and Illness

One of the biggest hurdles is establishing a clear connection between asbestos exposure and your mesothelioma diagnosis. Since the illness often develops years after the exposure occurs, pinpointing the specific source can be difficult. Your attorney will need to investigate your work history and gather evidence to build a strong case.

Identifying All Liable Parties

Multiple parties may be responsible for your asbestos exposure, including your employer, product manufacturers, and property owners. Determining the full scope of liability is crucial for maximizing your compensation, but this process can be complex and require extensive research.

Meeting Louisiana’s Legal Deadlines

In Louisiana law, asbestos exposure claims are subject to a statute of limitations, which is generally two years from the date of diagnosis. Missing this deadline can prevent you from recovering damages. It is important to act quickly and work with a lawyer who understands the state’s legal requirements to ensure your claim is filed in time.

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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
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What Compensation Can You Recover for Asbestos Exposure?

If you’ve been exposed to asbestos and developed mesothelioma or a related illness, you may be entitled to different forms of compensation. The amount and type of compensation depend on the specifics of your case, but some common recoverable damages include:

  • Medical expenses: This covers the costs of treatment, medications, surgeries, and any ongoing care related to your mesothelioma or asbestos-related disease.
  • Lost wages and earning potential: If your illness prevents you from working, you may be able to recover compensation for lost income and the future loss of earning capacity.
  • Pain and suffering: Mesothelioma can cause significant physical pain and emotional distress. Compensation for pain and suffering is meant to address the non-economic impact of your illness.
  • Loss of consortium: Family members may seek compensation for the loss of companionship, support, and services provided by a loved one affected by asbestos exposure.
  • Funeral and burial costs: If mesothelioma results in a loved one’s passing, compensation may be available to cover funeral and burial expenses.

A successful claim can help ease the financial burden of mesothelioma, provide support for your medical needs, and help your family move forward.

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They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.

Client
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Get the Legal Support You Need After Asbestos Exposure

If you’ve been exposed to asbestos and developed mesothelioma, getting the right legal support is crucial. The team at Laborde Earles has over 350 years of combined personal injury experience and has recovered over $1 billion for clients. 

Our compassionate approach means we treat every case as if you were part of our family, advocating for the justice and compensation you deserve. Reach out to our firm for a free consultation about how we can help you navigate your legal options and hold the responsible parties accountable for your asbestos exposure.

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