Medically Reviewed by: Jonathan Sharp | August 19th, 2019
Workers’ compensation is a type of employment insurance that provides medical benefits and paycheck replacement in the event an employee is injured on the job. In return, employees forego the right to sue the company for negligence. If seeking compensation for a mesothelioma diagnosis, workers’ compensation may be available for certain employees who meet the eligibility requirements. However, workers’ compensation does not cover all indirect costs associated with managing a rare form of cancer.
Workers’ compensation (WC) is a widely adopted social insurance program in the United States. It’s the oldest insurance program of its kind, dating back to 1911 when Wisconsin passed the first comprehensive WC law. Mississippi was the last state to pass WC legislation in 1948. Now, all states have their own programs.
The Federal Employees’ Compensation Act (FECA) is administered by the Office of Workers’ Compensation Programs (OWCP) through the U.S. Department of Labor. FECA provides benefits to civilian employees in the United States. Its purpose is to provide compensation to federal employees who have been disabled from an occupational injury.
Since each state has its own workers’ compensation program, the filing process may differ depending on location. However, there are similar legal and eligibility requirements between each state. An experienced mesothelioma lawyer can confirm requirements on a state-by-state basis.
An injured employee is required to report work-related injuries to the employer. After an injury is reported in writing, the employer will provide a claim form to the worker. Finally, the employer submits the form to the local board office and its insurer.
Similar to filing a lawsuit, each state has a different timeframe in which an employee can file a compensation claim. To ensure the process is done correctly, contact a mesothelioma lawyer.
When filing a WC claim, employees must meet a few requirements. First, there must be evidence of a diagnosis and any medical treatment. Additionally, mesothelioma patients must provide details of asbestos exposure. These details can include the type of asbestos, where and when exposure occurred, and how long the worker was exposed to the toxin.
After an employee files the claim, the state board will review the document. If the employee is eligible, board members decide the amount of compensation based on the workers’ salary and medical center bills from their injuries. Because WC is state-by-state, each state usually has a maximum amount of compensation an employee can receive.
Workers’ compensation laws include asbestos-related illnesses, like mesothelioma. Mesothelioma patients can file a WC claim over asbestos exposure if their illness is job-related.
There are two ways in which a patient receives mesothelioma compensation. Filing a mesothelioma compensation claim is one option. The other includes filing a personal injury or wrongful death lawsuit against a liable asbestos company.
Workers’ compensation claims are filed through an employer. A worker cannot file a WC through asbestos manufacturers, suppliers, or contractors, although mesothelioma lawsuits can be filed against those entities. Workers’ compensation cannot be filed with Asbestos Trusts.
Though WC covers occupational injuries, the employers are generally cleared of any liability. In some cases, a separate lawsuit against an employer may bring in more compensation for an employee than filing through workers’ compensation.
Workers’ compensation laws were created in each state to provide benefits to eligible employees who were injured on the job. However, these laws also protect employers from lawsuits. Further, WC cases are not designed to assign blame on the liable parties.
WC does not cover all indirect costs. Victims who aren’t able to work still have to pay for things WC does not cover. In addition, WC does not cover any “pain and suffering” damages, like mental anguish.
Most states fund compensation budgets through private insurance carriers. Since there have been many asbestos-related compensation claims, private carriers have favored cutting back WC programs. This includes reducing the amount of money an employee receives.
Before workers’ compensation, injured workers could sue employers, but awards were unpredictable and the laws generally favored employers. WC laws eliminate the right to sue but guarantee quick, reliable benefits after an injury claim.
Workers’ compensation insurance is fully funded by employers. In addition to WC, employees can also sue third parties who may be liable for their work injuries. However, proceeds from these suits reimburse the employer’s insurance carrier. For more information about related mesothelioma and asbestos related inquiries, contact us for a free case response.
Rachel Ernst is a content writer at Mesothelioma Hub. She graduated with a Bachelor of Arts degree from the University of Illinois at Chicago, where she majored in communication and minored in sociology. She hopes to create public awareness about cancer through her writing. In her free time, Rachel likes to be outdoors, watch movies, and spend time with her animals.
As Director of Claims for the Environmental Litigation Group (ELG), Jonathan manages client relations as well as the collection and proper distribution of all funds. He’s been with ELG almost from the beginning and has been very involved in asbestos cases over the years. At ELG, the client always comes first, and Jonathan is able to address any concerns clients may have.
Guyton, G. (1999). A Brief History of Workers’ Compensation. Department of Orthopaedics, University of North Carolina. Retrieved on July 26, 2019, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1888620/
LEIGH, J. P. and ROBBINS, J. A. (2004), Occupational Disease and Workers’ Compensation: Coverage, Costs, and Consequences. The Milbank Quarterly, 82: 689-721. Retrieved on July 24, 2019, from https://www.ncbi.nlm.nih.gov/pubmed/15595947
United States Environmental Protection Agency. (n.d.). Asbestos Laws and Regulations. Retrieved on July 24, 2019, from https://www.epa.gov/asbestos/asbestos-laws-and-regulations
U.S. Department of Labor. (n.d.) Division of Federal Employees’ Compensation (DFEC). Retrieved on July 24, 2019, from https://www.dol.gov/owcp/dfec/regs/compliance/ca-11.htm
Victor, R. (1988). Asbestos Claims: The Decision to Use Workers’ Compensation and Tort. Workers Compensation Research Institute. Retrieved on July 24, 2019, from https://www.wcrinet.org/reports/asbestos-claims-the-decision-to-use-workers-compensation-and-tort