Lung Cancer and Other Asbestos-Related Cancers in Canada
How Asbestos Exposure Leads to Cancer
Lung cancer caused by asbestos exposure is different from other types of lung cancer. When asbestos fibers are inhaled, they can stay in the body for decades, eventually causing tumours.
In Canada, asbestos exposure has been linked to several cancers, including:
- Primary lung cancer
- Laryngeal cancer
- Esophageal cancer
- Colorectal cancer
- Stomach cancer
These cancers may not develop until many years after asbestos exposure.
Filing Asbestosis Trust Fund Claims in Canada
After becoming aware of the hazardous effect of asbestos, many countries, including Canada, limited its use in the early 1980s. In 2012 Canada stopped exporting asbestos to developing countries. In December 2016 the Liberal government announced a plan to ban the imports of asbestos products by 2018.
In the U.S., manufacturers that used asbestos products were the subject of class action lawsuits. In many cases, the liability faced by these companies was far greater than the company’s assets. As a result, they declared bankruptcy and set up asbestos compensation trusts that pooled company assets and insurance money to help pay victims who have suffered asbestos injuries, primarily mesothelioma. Any Canadian affiliates of those companies also filed for creditor protection and their assets were also placed in trust. Anyone who can prove that they’ve been harmed by the products made by that company can make a claim against the trust for compensation instead of having to sue.
Who Qualifies for an Asbestosis Claim?
To qualify for an asbestos-related illness claim in Canada, you must provide:
- Proof of at least six months of occupational asbestos exposure
- A chest X-ray
- Pulmonary function test results
Miskin Law will assess your medical documentation and, if needed, work with specialists to confirm the diagnosis.
Asbestos Trust Fund Claims for Canadians
Some asbestos manufacturers have set up trust funds to compensate individuals diagnosed with asbestos-related cancers.
At Miskin Law, we help Canadians file claims directly with these trusts. If you or a loved one worked with asbestos for more than six months and have been diagnosed with one of these cancers, you may qualify for compensation.
Eligibility for Asbestos Cancer Compensation
We only accept cancer claims where evidence confirms the illness is asbestos-related. To qualify, you must provide:
- A confirmed cancer diagnosis supported by a pathology (biopsy) report
- X-ray or CT scan showing asbestos exposure in both lungs
- Proof of at least six months of occupational asbestos exposure
- A medical opinion linking the cancer to asbestos exposure
Our team works with independent doctors and reviews all medical records to confirm eligibility before filing.
Symptoms of Asbestos-Related Cancers
Symptoms vary depending on the type and stage of cancer. Many Canadians experience no symptoms in the early stages. Common symptoms include:
- Persistent cough
- Coughing up blood
- Shortness of breath
- Chest pain
- Fatigue and unexplained weight loss
- Difficulty swallowing (throat or esophageal cancer)
- Abdominal pain or bowel changes (colorectal cancer)
Compensation for Asbestos-Related Cancers in Canada
Asbestos trust claims for cancer can be more valuable than asbestosis claims, though they require more medical and occupational evidence. Each trust fund has its own rules, and proof of exposure is essential.
At Miskin Law, we pursue all available trust funds for our clients. Cancer-related trust fund payments in Canada often range from $5,000 to more than $50,000 per trust, with total compensation potentially being much higher.
Workers’ Compensation and Asbestos Cancer
Asbestos-related cancers may also qualify for Workers’ Compensation in Canada. Benefits vary by province but may include:
- Lump-sum payments
- Medical and healthcare coverage
- Funeral and survivor benefits
Important: You cannot file both Workers’ Compensation and asbestos trust claims. Once you apply for Workers’ Compensation, your right to sue is removed. Contact Miskin Law before deciding which option is best for your case.
Why Canadians Choose Miskin Law
Miskin Law is Canada’s leading asbestos law firm, based in Ontario and serving clients nationwide. With decades of experience, we help cancer victims and their families secure maximum compensation from asbestos trust funds and Workers’ Compensation.
About Daniel J. Miskin
Contact
Peterborough: 705-755-7363 ext. 2
Toll Free: 1-877-428-8000 ext. 2