Mesotelioma compensación in Canada is available to workers victimized by corporate negligence and amianto exposure. Canadian workers with mesothelioma can seek compensation through lawsuits, asbestos trust funds, and government benefits. An experienced Canadian asbestos lawyer can explain your options and help you get the compensation you deserve.
If you suffer from mesothelioma, asbestos-related lung cancer, or asbestosis, you may be eligible for a large amount of compensation. Currently, there is over $30 billion in asbestos trust funds, set up for those who have been diagnosed with an asbestos-related illness. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on experienced mesothelioma attorneys in your area, how to file a afirmar Para fondos fiduciarios de asbesto, cómo recibir el pago en 90 días y más.
Asbestos and Mesothelioma in Canada
Canada has a long history of asbestos mining and asbestos use in many industries. Many people got sick because of asbestos and have died from mesothelioma or are living with this and other asbestos diseases.
- Mesothelioma diagnoses in Canada continue to rise. Numbers jumped 60% from 2000 to 2012.
- Asbestos exposure is one of the leading causes of occupational deaths in Canada.
- The most recent mesothelioma statistics are from 2016, when 445 Canadians were diagnosed.
- Nearly 500 Canadians died from mesothelioma in 2017.
- Several asbestos mines operated in Quebec until the last one closed in 2011.
- Mesothelioma prevalence in Canada is highest in Quebec because of the mines and in southwestern Ontario due to the concentration of industrial workplaces.
- Many areas of Quebec are still contaminated by asbestos.
Steps to Receive Mesothelioma Compensation
Many people with mesothelioma are entitled to compensation. Most cases of mesothelioma were caused by negligent workplace asbestos exposure. Victims should have been protected and can now be compensated. Follow these steps to get the compensation you deserve:
- Hire a Canadian mesothelioma lawyer to explain your options and represent you.
- Determine which type of compensation you qualify for, including lawsuits, asbestos trust funds, and veterans’ benefits.
- Gather evidence of asbestos exposure, including a detailed work history.
- Gather evidence of your illness, including medical records.
- File a claim with the assistance of your lawyer.
Sources of Compensation for Canadian Mesothelioma Patients
Identifying the type of compensation you qualify for is an important step in this process. If you are confused about your options, talk to an abogado con experiencia en mesotelioma.
Mesothelioma Lawsuits
With an asbestos lawsuit, also called a mesothelioma lawsuit, you can go after the companies directly unless they are already protected under bankruptcy law and have a trust fund set up.
One issue is that not all companies that used asbestos products or shipped asbestos products have set up trust funds, and the only way to seek justice is to file a lawsuit against them.
Asbestos lawsuits have the potential to offer more compensation when compared to trust funds or government benefits. However, remember that there is no upfront, set amount when you sue a company.
Sometimes, you won’t know how much you’ll receive until after you go to trial and win.
Or, you could be offered a asentamiento amount before the case makes it to trial, but you won’t know the amount until your asbestos attorney gets through the discovery phase of your case.
There are many things to consider when deciding if a lawsuit is the best way to obtain mesothelioma compensation. There are also numerous laws and rules that must be adhered to.
You’ll need an experienced Canada mesothelioma lawyer to assist you and to ensure you have the best shot at receiving maximum compensation.
Fondos fiduciarios para el amianto
Fondos fiduciarios para el amianto, also known as asbestos compensation trust funds, were established by companies that previously shipped and supplied asbestos-related products to job sites.
The trust funds have been set up to compensate people injured by these products. Although many of the trust funds are set up in the U.S., Canadian residents, by law, must be treated the same as United States claimants. In other words, the same laws apply to both Canadians and Americans.
Although no court action is generally needed to apply for compensation for an asbestos trust fund, the process can be intricate.
Further, which companies supplied asbestos to which job sites is not always apparent. You also may be able to file against more than one company.
An experienced asbestos lawyer can simplify the process and give you the best chance of obtaining compensation.
Compensation amounts vary, depending on the type of injury that resulted from asbestos exposure, the payment schedule each particular trust set up, and the percentage of the payment for the trust you’re filing for.
Payment percentage can range anywhere from 1% to up to 100%. A Canada mesothelioma lawyer will explain the payment percentages in detail to you once it’s established which trust you are filing for.
Asbestos trust funds are set up to help claimants with compensation for past, present, and future medical expenses, loss of income, and cancer treatment travel expenses.
In Canada, asbestos exposure doesn’t necessarily have to occur at job sites only. You may be eligible for trust fund compensation if:
- Work done in your home led to an asbestos illness, such as home renovation work
- Second-hand exposure, such as a family member coming home in asbestos-filled clothing, led to an asbestos illness
- A loved one with an asbestos illness is now deceased, and you’re filing on their behalf
Workers’ Compensation for Canadian Workers with Mesothelioma
Workers’ Compensation Benefits apply to people specifically exposed to asbestos while at a Canadian job site and, in turn, developed an asbestos-related disease.
Every province in Canada has its own set of rules that determines eligibility.
You’ll need to present your request to the Workers Compensation Board and prove when and how long you worked at a company that used asbestos.
You’ll also need to prove the company used asbestos-related products and for how long. Further, you’ll need to prove you were injured by asbestos while on the job.
According to reports, many Canadians are injured by asbestos in non-work environments, which prohibits them from getting benefits from Workers Compensation.
However, other forms of compensation could be available to those who don’t qualify, such as a lawsuit against the asbestos manufacturers and the aforementioned trust funds.
Things to Remember if You Qualify
For those who do qualify, payments are generally a lump sum for non-economic loss, followed by a monthly pension. You’ll also receive free medical care for your asbestos illness.
If you’re filing on behalf of a deceased family member, survivor’s benefits and a pension would apply. Funeral expenses are included.
Keep in mind that Canadian laws indicate that if you apply and your worker’s compensation benefits are granted, you cannot apply for trust fund compensation or file an asbestos lawsuit against any company.
Disability Benefits for Canadian Veterans
If you were in the military and harmed by asbestos while serving, you may be eligible for compensation from Veteran Affairs Canada. Veteranos have higher rates of asbestos diseases than any other population group.
The amount of compensation will depend upon the type of disease, the extent of the disease that was caused while serving in the military, and the stage of the disease.
Veterans may also be covered under the “Canadian Forces Members and Veterans Re-establishment and Compensation Act” and are generally eligible for a “Disability Award,” according to the Veteran Affairs Canada official site.
How Much Compensation Can Mesothelioma Patients Get?
Compensation amounts vary significantly depending on individual factors in each claim:
- The asbestos companies involved
- The number of companies involved
- The extent of the companies’ negligence
- The severity of the patient’s illness
The type of claim is also important. A lawsuit that goes to trial can lead to a multimillion-dollar verdict. Most lawsuits, however, end in settlements. Mesothelioma settlements average between $1 million and $1.4 million. Trust fund claims usually provide less compensation because they only pay a percentage of each claim.
How Long Does it Take to Receive Compensation for Mesothelioma?
Everyone’s case is different and proceeds along a unique timeline. Factors that affect the timeline include the complexity of the case, the evidence available, and the number of asbestos companies involved.
Asbestos trusts do their best to expedite claims because they know time is limited for mesothelioma patients. The same is true for lawsuits. They often end in settlements, so patients get compensated sooner. A typical timeline for receiving compensation is three to six months.
Additional Help and Assistance
Simply fill out our form to get your free Financial Compensation Packet with information on experienced asbestos and mesothelioma lawyers in your area. For additional assistance, contact us at 800-793-4540.
