Asbestos Trusts Explained
No. 1 Cause of Occupational Death in Canada
Asbestos mining and manufacturing was once one of Canada’s largest industries. This mineral brought jobs and wealth to the Canadian economy. It also quietly brought cancer and devastation to thousands of people in Canada and around the world. Asbestos was once considered equal to Canada’s gold, a miracle substance with fire-retardant properties. Without asbestos, our cities today would not look the same. Asbestos was widely used in most industries ranging from construction, shipping, railways, automotive, electrical, plumbing, insulating, and even in garments, and had many everyday uses.
However, the tiny indestructible particles that make up asbestos have been proven to be harmful to our bodies. Asbestos exposure is the No. 1 cause of occupational death in Canada. Once inhaled or ingested, asbestos particles stay in our lungs or organs forever and can eventually form a type of cancer called mesothelioma. This cancer can only be caused by exposure to asbestos. It can take many decades to appear, anywhere from 10-40 years, but once it does, it is aggressive and always fatal. Workers that used asbestos products many years ago will often be shocked to find out that they have mesothelioma and may have less than a year to live. Many workers also brought this deadly dust home with them and unknowingly gave their partners or children the deadly disease.
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.
Common Occupations That Likely Exposed to Asbestos
- Construction workers
- Rail workers
- Boiler operators
- Automotive workers
- Factory workers
- Military services
Asbestos Trusts v. Workers Compensation
Miskin law is the leading Canadian law firm with the expertise to make claims against asbestos compensation trusts for victims of mesothelioma. There are over 40 trusts paying claims with combined assets in excess of $20 billion (U.S.).
If you have been diagnosed with Mesothelioma, you have to make a decision when it comes to compensation. You can us to make a claim directly to U.S. asbestos trusts or you can make a claim to Workers Compensation. You cannot do both. In most cases, we can get you much more compensation than Workers Compensation will provide Before you make a claim to workers’ compensation, call us and we can determine whether you will receive more compensation from the asbestos trusts. Our fees are equal to U.S. lawyer fees and we include any applicable GST or HST in our fee so you will not pay more from your settlement by having Canadian representation. We help clients all over Canada and we happily correspond by phone, letter, fax, email, and home visits.
Know If You’re Eligible to Receive Compensation
When you contact us about a mesothelioma claim, we research your workplace and the years you worked to determine what asbestos trust companies we can apply to. As experienced asbestos lawyers, we have had hundreds of cases in Canada and quite often have more than one worker at the same site, who has described their exposure to asbestos. This can help your case. We have also created a database of asbestos products sold in Canada over the past 80 years. Many times people contact us and have no clue where they were exposed to asbestos. We can help in trying to determine where you can apply for compensation.
You do not have to have worked directly with an asbestos product to receive compensation. Many of our clients are family members of those who worked with asbestos, or those who worked at a site where another worker was using an asbestos product. We also have clients who did home renovations and were exposed to asbestos.
Each asbestos trust pays a different amount of compensation, which can range from $5,000 to $100,000+ U.S.D. Trusts also vary in the amount of time they take to review your claim. Some take 2 or 3 months and others will take longer. As each claim is accepted we send you the compensation. Sometimes these companies will initially deny the claim for various reasons. However, we are experienced enough to know exactly what the trusts are looking for so the claim is not denied and if it is we know how to appeal the denied claim to ultimately have the claim accepted.
All funds from the Asbestos Trusts are paid in U.S. currency. We give you the option of accepting the compensation in U.S. or Canadian funds.
If you have been diagnosed with mesothelioma, contact one of our asbestos and mesothelioma lawyers today to find out how much your case is worth. You deserve compensation for your suffering. No other lawyers in Canada have our unique experience in mesothelioma cases and their nuances. Contact us for a free consultation so that we can start working to help you.
Contact Miskin Law to discuss the best options for your compensation. If you are unable to travel, we will come to you.