mesothelioma law firm

Those who were exposed to asbestos in the work place and who eventually were inflected with Mesothelioma can file a worker’s compensation claim because it is an occupational disease arising out of their employment. This was confirmed in the courts ruling in Pierce v. Johns-Manville Sales Corp. case in which the defined, an “Occupational disease” as a “disease contracted by a covered employee (1) as the result of and in the course of employment; and (2) that causes the covered employee to become temporarily or permanently, partially or totally incapacitated. As long as the Mesothelioma was the result of and was obtained in the course of employment then a person has the right to file a worker’s compensation claim for those inflictions. Next, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable personal familiar with the whole situation as a result of the exposure accessioned by the nature of the employment, then it is deem to have arise of the employment. See Schemmel v. T.B. Gatch & Sons Contracting & Building Co.

Finally the claimed under worker’s compensation must be compensable for the claim to be successful.