Skip to content
Menu
Mesothelioma Lawyer CenterSponsored by Attorney Paul Danziger

Call to learn about getting your best possible financial compensation

800-793-4540
  • Legal Options
    • Pleural Mesothelioma Lawyer
    • Peritoneal Mesothelioma Lawyer
    • Mesothelioma Legal Advice
    • Mesothelioma Law Firms
    • Mesothelioma Claims
    • Mesothelioma Lawsuits
    • Class Action Mesothelioma Lawsuit
    • Mesothelioma Compensation
    • Asbestos Trust Funds
    • Mesothelioma Settlements
    • Mesothelioma Verdicts
    • Asbestos Lawyers
    • Mesothelioma Wrongful Death
    • Mesothelioma Personal Injury
    • Determining Case Value
    • Trust a Mesothelioma Commercial?
    • Mesothelioma Case Rejected?
    • Lawyers by State
    • Mesothelioma Lawyers in Canada
  • Mesothelioma
    • Mesothelioma Treatment Guide
      • Top Mesothelioma Doctors
      • Top Mesothelioma Cancer Centers
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Alternative Treatments
      • Mesothelioma Treatment Costs
    • Mesothelioma Symptoms
    • Mesothelioma Diagnosis
      • Mesothelioma Prognosis
      • Mesothelioma Life Expectancy
      • Mesothelioma Remission
      • Mesothelioma Support
    • Mesothelioma Causes
    • Mesothelioma Types
      • Pleural Mesothelioma
      • Peritoneal Mesothelioma
      • Pericardial Mesothelioma
    • Mesothelioma Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Frequently Asked Questions
    • Mesothelioma Statistics
    • Mesothelioma and Talcum Powder
      • Talcum Powder Lawsuits
    • Mesothelioma and Women
    • Mesothelioma Misconceptions
    • Mental Health
  • Veterans
    • Veteran Claims
    • Navy
      • Ships and Asbestos
      • Shipyards and Asbestos
    • Air Force
    • Army
    • Coast Guard
    • Marines
    • Frequently Asked Questions
  • Asbestos
    • Asbestos Cancer
    • Asbestos Diseases
      • COPD
      • Interstitial Lung Disease
      • Lung Cancer
      • Pleural Effusion
    • Asbestosis
    • Asbestos Exposure
    • Asbestos Manufacturers
    • At Risk Jobs
    • Asbestos Industry Cover-ups
    • Asbestos Laws
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
Home / Blog / Court Denies Asbestos Company’s Attempt to Blame Part-Time Job for Mesothelioma

Court Denies Asbestos Company’s Attempt to Blame Part-Time Job for Mesothelioma

Published on December 24, 2020
Paul DanzigerPage Reviewed and Edited by Mesothelioma Attorney Paul Danziger

When an asbestos company is found guilty of causing malignant mesothelioma, it can cost them millions of dollars in damages. As a result, those that are accused will grasp at any other possibility and go to great lengths to prove themselves right. This is exactly what happened in the case of Vickie Williams, who died of the rare asbestos-related disease in February of 2017. Though Ms. Williams had no doubt that her illness came from second-hand exposure to the asbestos her father had carried into their home for years, his employer instead blamed her illness on the part-time job she’d held with them for three months. Had they been successful she would have been limited in the amount of compensation to which she was entitled. In the end, two courts cast the company’s defense aside, allowing the victim’s personal injury case to proceed.

Personal Injury vs Workers’ Compensation Makes a Big Difference in Mesothelioma Claims

At first glance, it may not seem to matter whether Ms. Williams’ mesothelioma came from asbestos carried home on her father’s work clothes or from the brief period when she worked for her employer herself. But it can make a very big difference when it comes to compensation for illness. If an employee is injured in the workplace then they are not entitled to hold the company legally responsible – they are only entitled to workers’ compensation benefits, which simply cover medical expenses and lost wages.

By contrast, if a person’s malignant mesothelioma is caused by negligence – such as when an employee’s family member is exposed to asbestos because the company did not take care or provide warning about the dangers of asbestos – then the company can be found liable for the individual’s pain and suffering, and punitive damages can be assessed against them. This is why, in Ms. Williams’ case, the company worked so hard to prove that her illness was caused by the three-month-long job she took with them as a teen.

Court Disagrees with Asbestos Company’s Argument

Though Schneider Electric argued their case at trial and then again at the Court of Appeals of Kentucky, both courts disagreed with their position. They made the distinction that workers’ compensation benefits are for “work-related traumatic event or serious of traumatic events, including cumulative trauma arising out of and in the course of employment,” and inappropriate in the case because there was no evidence to support it, and ordered that the case should proceed as a personal injury claim.

Free Financial Compensation Packet

    Financial Compensation Packet
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >

FREE Financial Compensation Packet

  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
Send My Free Packet >
Financial Compensation Packet
Calculate Your Case Value >
Paul Danziger

Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

Full bio and contact info

Navigation
  • Home
  • Legal Options
  • Mesothelioma
  • Veterans
  • Asbestos
  • Settlements We’ve Won
  • Who We Help
  • Reviews of Our Services
  • About Us
  • Blog
Contact Information
Office Address:
1225 North Loop West Houston, Texas 77008

Handling mesothelioma cases nationwide

Call to learn about getting your best possible financial compensation

800-793-4540

Follow Us
MesotheliomaLawyerCenter.Org BBB Business Review
Sponsor: Paul Danziger, Attorney

The information provided by MesotheliomaLawyerCenter.org is not a substitute for professional medical advice, diagnosis, or treatment.

  • Disclaimer
  • Privacy Policy
  • Editorial Standards
  • Contact Us
©2023 | MesotheliomaLawyerCenter.org