Missouri Workers Comp for Asbestos Exposure

Asbestos is a toxic substance best know for causing mesothelioma and other life threatening illnesses among workers.

Asbestos is a highly toxic substance that was used in nearly every aspect of production during the industrial revolution. It was extensively used, because of it’s ability to withstand fire, heat, caustic chemicals, and electricity. Another important property that led to its popularity was its ability to form strong chemical bonds. This made it an ideal bonding agent and coupled with it’s fire and heat resistant properties it was considered to be the right chemical for many construction and industrial applications.

Binders such as drywall compound and gun plastic cement were heavily used in construction including commercial, residential, and industrial buildings. In the construction industry, gun cement plastic is extensively used even today when installing joint and drywall compounds. Plastic cement is commonly manufactured by companies, and workers turn it into gun plastic cement just by adding industrial grade asbestos to it. Gun plastic cement was preferred over non gun plastic cement, because it contained asbestos fibers that gave it an even stronger bond.

Today, asbestos is known more for its harmful nature than anything else. It is a major cause of mesothelioma and other life threatening illnesses among workers who are exposed to it. Workers compensation is usually the only remedy available for workers who get injured or killed due to work related exposure to asbestos. In most cases, the victim or his/her family consults a lawyer about filing a lawsuit against asbestos manufacturer and the any other company that contributed to the worker’s illness. However, in the case of a work related injury, as it often is, the only way workers can collect compensation is likely under the workers compensation statute, which pays for lost wages, past and future medical expenses, and in the case of a worker’s death, workers compensation benefits can pay for funeral expenses.

The main reason workers compensation is the only remedy for workers who become sick or are injured on the job is because of the exclusive remedy doctrine, which generally makes workers compensation the only source of recovery for work related illnesses. However, an employee with mesothelioma or his dependents may not just file a workers’ compensation claim, but can also file a claim against the manufacturer of asbestos if not it is not the same entity as the employer.

 

Injuries & Resources