Can you claim compensation for mesothelioma if your employer closed down?

by | Jul 8, 2021 | mesothelioma

Once you find out you have mesothelioma, you may naturally want — and need — to hold someone responsible and claim whatever compensation is available to help cover your medical expenses and provide for your family.

Yet, there is a higher than average chance that any company that exposed its workers to asbestos is no longer operational. One reason is that mesothelioma symptoms can take years to show, and many older companies in the manufacturing sector have closed over time — especially those who were using asbestos in their products.

A closed company may not prove a barrier to your claim

Thankfully, many companies who worked with asbestos were required to put money into mesothelioma and asbestos trusts to avoid further legal action. While many would argue this was a self-serving move to prevent people from suing them directly, it can be of use to you if the company has closed down. Other companies only set up a trust because a bankruptcy court made it a condition of their bankruptcy. Either way, at least it provides you an avenue to claim.

Claiming compensation from an asbestos trust is not straightforward

Back in 2018, the U.S. Justice Department began to take more interest in these trusts after the trusts started to complain it was too easy for people to make fraudulent claims against them. In December 2020, the Justice Department seemed to agree with those claims, saying, “It has become increasingly common for claimants’ counsel to seek duplicative recoveries from multiple sources by misrepresenting the asbestos products to which claimants were exposed.” 

The result is that claiming compensation from a mesothelioma trust is likely to become even more challenging than it already is. It makes it even more critical to have experienced legal help to show you have a valid claim. Please continue to review our website to learn more.