A diagnosis of mesothelioma means a person can become incapacitated, lose their job and source of income, and turn to their families for support. Employee rights are vital for the diseased person or other affected family members. Exposure to asbestos at work is one of the causes of mesothelioma, and many of the affected individuals have legal protections, financial compensation, and accommodations to help ease their struggles. Here’s how you preserve your employment rights in the fight against mesothelioma.
Consider Filing a Workers’ Compensation Claim
You could file for workers’ compensation if your mesothelioma was brought on by workplace asbestos exposure. This system has been implemented to care for workers with occupationally acquired illnesses and provide medical benefits and replacement wages. Each state follows different laws governing workers’ compensation, so it is advisable to check the state statutes regarding such claims or consult a reputable mesothelioma lawyer.
A nexus between the occupation and the disease is often required when filing for such a claim, and sometimes, even a background check of employment history is needed to make the connection. Typically, employers or their insurance carriers might contest such claims by arguing that the exposure was non-occupational or happened outside of the workplace environment. A skilled attorney will help you prove that such a case does exist and help you obtain your rightful redress.
Basic Knowledge of Employment Law
Several federal laws, including the ADA and FMLA, protect employees diagnosed with mesothelioma. The laws assure no meted-out unfair treatment or discrimination against such individuals. Under the ADA, employers must provide reasonable accommodations so that the employees may continue to work due to any limitation on their activity imposed by the medical conditions. Such accommodations can vary from adapting working hours to changing work environments or even permitting the individual to telecommute.
The FMLA also allows eligible employees to take up to 12 weeks of unpaid leave in a year for medical reasons and ensures that the employee can return to his job or an equivalent one when he returns from the leave. These laws apply only to operations with 50 or more employees, providing job assurance when people feel too shaky to hold onto their jobs.
Mesothelioma patients should also know they should not be discriminated against at all because of their illness. If the employer discriminates against you by taking any adverse action based on your diagnosis, you may file a discrimination suit against them.
Ask for Workplace Accommodations
If you will still be working during treatment, requesting some workplace accommodation can help balance your health and career. Many employers are willing to alter schedules and workloads or even assign different duties with extra support for any employees requiring them. Working from home a couple of days each week would cut some stress and fatigue from commuting; others may need longer breaks, flexible deadlines, or work in a more physically accommodating environment.
When making a formal request for accommodations, it is recommended that you contact the human resources department or your immediate supervisor. Submitting a written request that clearly states your needs with documentation from a medical professional can lend significant weight to your claim.
Employers are under the ADA mandated to make reasonable accommodations unless the act would create undue hardship for the business. Consulting with a lawyer is an option if you believe your rights to a reasonable accommodation are being unjustly compromised.
Understand Your Health Insurance and Benefits
Though often complicated, understanding what benefits and coverage can be expected for treatment against mesothelioma is crucial. To provide support for an employee who may be unable to work due to illness, many employers offer short- and long-term disability benefits that pay partial salaries.
If your employer provides these benefits, understanding eligibility requirements and the application process will be advantageous in gaining the assistance you need. Options for COBRA exist for cases where an employee can no longer continue working, allowing the continuation of health insurance benefits for a limited time. However, that option can be expensive.
Speaking to the HR representative will give you first-hand information about your health insurance and benefits package. Furthermore, nonprofit organizations that strictly focus on mesothelioma help might offer guides and support with issues like this for patients seeking to access employment-related benefits.
Consider Alternatives of Legal Pursuits
It would be good if, apart from workers’ compensation, other legal options could be entertained to bring about compensation for mesothelioma. Many companies exposed workers to asbestos and contributory serious diseases that would cause companies to suffer damages. In such cases, workers might sue the employer or the manufacturer of the products containing asbestos in cases of occupational asbestos exposure.
Another choice involves joining a class-action lawsuit wherein a group of plaintiffs with otherwise similar cases is suing together. This means a streamlined legal process and an increased chance of success since the costs, delays, and risks associated with each proceeding can be canceled. Talking to a mesothelioma attorney working with asbestos-related cases can help assess the correct choice among them.
Protect Against Retaliation or Wrongful Termination
Federal and State laws require employers not to discriminate against employees. Make every effort you can not to end up being granted dismissal, reduced work hours, demotion, or hostility in the place of work. An employee suffering from a medical condition that makes him fired is a legitimate candidate for a wrongful termination case.
If you suspect neglect, record discriminatory acts, conversations, or written communications that defeat you. A recorded account of these instances will be substantial evidence if a legal proceeding becomes necessary. Moreover, seeking legal advice soon enough will help you keep your job while allowing you to gain any compensation or accommodation you are entitled to.
Endnote
A diagnosis of mesothelioma does not force you to give up your rights at work. You can find so much protection, the accommodation you ask for, and financial assurance with helpful consultation offered by experts. If you suspect that your illness is caused by any form of asbestos exposure at work, consulting with a mesothelioma attorney will be able to help you with the various options you have for justice and compensation. Taking proactive steps to safeguard your rights may affect the quality of your life while continuing the battle with mesothelioma.
Featured Photo by Sora Shimazaki
