Prior Workers' Comp Claims

Workers' compensation is a system for injuries and illnesses related to employment. It generally covers claims against employers and limits lawsuits against them. A mesothelioma product claim is different. It's brought against the manufacturers and suppliers of asbestos products, which are usually not your employer. Because the claims target different parties, having used workers' comp in the past doesn't usually block a product claim. Some people pursue both at the same time for a mesothelioma diagnosis, depending on state law. Your attorneys can explain how the two systems work together in your state.

If workers' compensation paid benefits related to the same illness, the insurer may have a right to be repaid from any product claim recovery. This right is often called a lien. The rules depend on state law and the details of the benefits paid. Liens can reduce the net amount you receive, but they can sometimes be negotiated. Your attorneys will identify any liens and work to resolve them as part of finalizing a settlement. Ask your attorneys to explain any lien in plain terms, including how the amount was calculated and whether a reduction may be possible.

Defendants often ask about prior claims during discovery, and records of workers' comp claims can usually be found. Disclosing them up front helps your attorneys prepare and avoids surprises. A prior claim for an unrelated injury, like a back injury, typically has little effect on a mesothelioma case. A prior claim for a lung condition may be more relevant. Either way, full disclosure allows your legal team to explain the history accurately. If you can't remember the details of an old claim, your attorneys may be able to request records from the state agency or the insurer that handled it.

1. 1

   List any workers' compensation claims you've filed, with approximate dates.

2. 2

   Gather letters or settlement papers from past workers' comp claims if you have them.

3. 3

   Ask whether workers' comp benefits for mesothelioma are available in your state.

4. 4

   Let your attorneys know about any benefits currently being paid to you.