Main Menu
Pourciau Law Firm
Toll Free 800-903-6720
Local 504-305-2375
Practice Areas

asbestos Archives

Seeking workers’ compensation benefits for workplace asbestos exposure, P.3

We’ve been looking in recent posts at seeking workers’ compensation benefits for asbestos-related diseases and how this compares to pursuing damages against manufacturers of asbestos-containing products in court. Last time, we mentioned that one of the considerations in determining what type of compensation to pursue is how that compensation will affect other forms of compensation that may be received for asbestos-related diseases.

Seeking workers’ compensation benefits for workplace asbestos exposure, P.2

Previously, we began looking at some of the considerations that go into deciding whether to pursue workers’ compensation benefits or a legal claim against a manufacturer for asbestos exposure on the job. As we noted, these considerations include the relative difficulty of proving that asbestos-related diseases are work-related, and meeting the statute of limitations.

Seeking workers’ compensation benefits for workplace asbestos exposure

Asbestos exposure can occur in a variety of settings and circumstances, but one of the most common is on the job. Special considerations go into asbestos cases involve workplace exposure. For one thing, such cases often involve multiple exposures, sometimes over multiple work sites and multiple employers, making it more difficult to track where the exposure came from and who should be held responsible.  

When can I file my asbestos-related claim? P.2

Previously, we began looking at Louisiana law concerning deadlines for filing different types of legal claims. As we noted, wrongful death, survival and personal injury actions all involve a one year deadline, either from the date of death or the date of injury. In some types of personal injury cases, determining the actual date of injury is challenging, including asbestos injury cases.

When can I file my asbestos-related claim?

One of the important issues that can sometimes present issues in asbestos-injury litigation is the timing of filing a lawsuit. As a technical matter, if a lawsuit is filed too late, the opportunity to pursue a claim is lost. Filing at the right time, however, also requires an accumulation of evidence sufficient to allow for a successful claim.

Seeking VA benefits for asbestos exposure during military service

Last time, we began looking at the importance of working with an experienced attorney to explore all potential avenues of compensation for asbestos exposure. As we noted last time, one potential alternative for pursuing compensation for asbestos-related diseases is to seek benefits from the Veterans’ Administration.

Vets: work with legal counsel to pursue all avenues of compensation for asbestos-related diseease

Asbestos exposure over the years has not been shared equally by all. Certainly those worked in the trades and in certain industries during the years before asbestos fell into disfavor have a high rate of health problems years later, as do their family members.

FACT Act will limit plaintiffs’ ability to pursue seek compensation from responsible parties

We’ve been looking in recent posts at some tort reform measures that are currently being pushed in Congress which could impact asbestos litigation if passed. These measures include the Fairness in Class Action Litigation Act and the Lawsuit Abuse Reduction Act. A third bill that could have an effect on asbestos litigation is the Furthering Asbestos Claim Transparency Act (FACT).

Are you at risk of cancer due to asbestos?

You may hear someone say the word asbestos and immediately connect negative connotations to the substance. For years, this material acted as a staple in many building projects, as it had resistance to chemicals and heat as well as flame retardant and non-conductive properties. Though many individuals have recognized the potential hazards of this material, asbestos has continued uses in some areas.