Asbestos was used for decades in pipe insulation, boilers, brake linings, floor tile, roofing and shipyards, and it was everywhere in the buildings, refineries and ships around New York Harbor. The diseases it causes can take 20 to 50 years to appear, which means many people diagnosed today were exposed on jobs they left long ago. A New York workers’ compensation claim can still be available, even years after you left that job or retired.
The short answer
- Asbestos diseases are occupational diseases under New York workers’ comp, including asbestosis, mesothelioma, asbestos-related lung cancer and pleural disease.
- The deadline runs from when you knew, or should have known, that the disease was related to your work, not from the date you were exposed.
- The employer you worked for last in that kind of work is generally responsible for the claim, even if most of your exposure was earlier.
- Families can claim death benefits if an asbestos disease caused a worker’s death.
Who was exposed
Asbestos claims come most often from trades that worked around insulation, heat and old buildings:
- Pipefitters, plumbers, steamfitters and boilermakers
- Electricians, carpenters and laborers on renovation and demolition jobs
- Shipyard, dry dock and power plant workers
- Custodians and building engineers in older schools, hospitals and apartment buildings
- Auto mechanics who worked on brakes and clutches
Exposure did not have to be heavy or constant. Many claims come from years of working near other trades who were cutting or tearing out asbestos material.
Which employer is responsible
Under Section 44 of the Workers’ Compensation Law, the claim is generally made against the last employer you worked for in the kind of work that caused the disease. That employer’s carrier can ask the Board to split the cost with earlier employers, but that is between the insurance companies. It should not hold up your benefits. If that employer has since closed, the claim can still go forward against its insurance carrier.
The deadline
For an occupational disease, the two-year filing period starts when you knew or should have known that your condition was caused by your work. With asbestos, that is often the day a doctor connects your diagnosis to your work history. File as soon as you have that diagnosis, and see our page on the two-year deadline.
What the claim depends on
- A work history. List every employer, the job sites and the years, as best you can. Union records and Social Security earnings statements can fill gaps.
- A medical opinion from a pulmonologist or oncologist connecting the disease to asbestos exposure at work.
- Witnesses, such as co-workers who remember the materials on the job.
Benefits
Workers’ comp pays the medical care for the disease and, while you are out of work because of it, two-thirds of your average weekly wage up to the state maximum. If you had already retired, the question of wage benefits depends on when the disease disabled you and whether you left work because of it, so the medical coverage is often the starting point. If asbestos disease causes death, the family may be entitled to workers’ comp death benefits.
Lawsuits against asbestos manufacturers
Separate from workers’ comp, people with mesothelioma and other asbestos diseases often have claims against the companies that made or sold the asbestos products, and against bankruptcy trusts set up to pay those claims. Those are personal injury cases, separate from workers’ comp. Call us first: we will handle your workers’ comp claim, and we will put you in touch with a lawyer who handles asbestos litigation and coordinate the two. The comp claim and the lawsuit can run at the same time, and the comp carrier may have a lien on what you recover from a lawsuit.
Frequently asked questions
Can I file a workers’ comp claim for mesothelioma if I was exposed decades ago?
Yes. The deadline runs from when you knew or should have known the disease was related to your work, not from the date of exposure.
What if the company I worked for is out of business?
The claim can still be made against the employer’s workers’ comp insurance carrier for the period you worked there.
Can I get workers’ comp and also sue the asbestos manufacturer?
Often, yes. The comp claim is against your employer’s insurance. A lawsuit against the product manufacturers is a separate case, and the comp carrier may have a lien on that recovery.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims for asbestos-related disease from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.
Call 718.701.2776 or 800.310.5520. Consultations are free, at our office, by phone or by video call. If we don’t recover money for you, we don’t get paid.