Asbestos & Mesothelioma

Asbestos Exposure Compensation

With Offices in Toronto, Peterborough and Oshawa

Asbestos was once one of Canada’s largest industries, with this abundant natural resource bringing 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 so many everyday uses. However, the tiny indestructible particles of asbestos are proven to be harmful to our bodies. Once inhaled or ingested, the particles stay in our lungs or organs forever and can eventually form a type of cancer called mesothelioma. This disease can take many decades to appear, with a latency period of 10-40 years. It is an aggressive and fatal lung cancer that can only be caused by exposure to asbestos. Workers that used asbestos products many years ago often hear the sudden shocking news that they have mesothelioma and may have less than a year to live.

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How It Started

Asbestos was known and used in Canada since 1880 and later bloomed into big industries from the 1920s to 1970s. After becoming aware of the hazardous effect, many countries including Canada limited the use of asbestos to strict regulation in the early 1980s. In 2012, Canada stopped exporting asbestos from Quebec to third-world countries. In December 2016, the Liberal government announced a plan to ban the imports of asbestos products by 2018. This may be a difficult task because there are still many controlled uses of asbestos in brake products, pipes, etc. Also, houses built before the 1980s may contain asbestos, and many government buildings and older cars still contain asbestos.

Asbestos Exposure

Asbestos exposure is the No. 1 cause of occupational death in Canada. Asbestos is naturally occurring substance on earth and most people diagnosed with mesothelioma worked with the substance very often during their career. However many workers brought this deadly dust home with them, and unknowingly gave their partners the deadly disease when washing their clothing, or simply being close enough to inhale the dust on their work clothing. When asbestos is inhaled, tiny dust particles stay in the lungs for many years until they form a very serious type of cancer. Some people that worked with or used asbestos are lucky to not develop this cancer, and others, not as much. The most common form of mesothelioma is pleural mesothelioma, in the lungs. There is also peritoneal in the body cavity, and other forms.

What Is Mesothelioma?

Mesothelioma is a severe form of cancer that often develops as a result of asbestos exposure. It attacks the lungs and lining of the vital organs, resulting in serious health complications and even death. Mesothelioma may not appear until years after asbestos exposure, but it can still wreak havoc on the body decades later. This condition has a poor prognosis and can result in extended hospital stays and the inability to work for a stable income.

Do I Have a Case?

Asbestos used to be vital to the Canadian economy and an essential part of the mining and manufacturing industry. This material was used throughout the country in all kinds of construction projects. However, it soon became clear that asbestos was doing more harm than good, causing deadly cancers and becoming the number-one cause of occupational death. Today, Canada has an asbestos ban in place, but former workers are still being diagnosed with mesothelioma. If you’ve received a cancer diagnosis after working in construction for years, you may have a case.

What Kind of Compensation Might I Receive?

Each case is different, and compensation for asbestos-related illness depends on your diagnosis, exposure history, and the requirements of the applicable compensation programs. Asbestos trust claims and workers’ compensation may offer different benefits and involve different eligibility rules, timelines, and costs. Our team can review your circumstances, explain how pursuing one option may affect another, and help you make an informed decision. Contact our office for a free case evaluation to see how we can help you today.

How Our Team Can Improve Your Case

Having a legal team on your side can go a long way toward a successful result. At Miskin Law, we’re proud of our strong track record of success, and our team is glad to use their knowledge to help clients deal with the effects of cancer. In addition to proven success over the years, our team also brings decades of experience and an individualized approach to gaining compensation. You’re more than just another case at Miskin Law—we’ll treat your case with the care and attention it deserves. Our team draws on its experience to explore your legal options and pursue compensation based on the circumstances of your case.

Canadian Workplaces and Occupations

Common occupations that likely exposed to Asbestos

Construction workers
Shipbuilders
Rail workers
Boiler operators
Plumbers
Pipefitters
Insulators
Roofers
Insulators
Drywallers
Painters
Miners
Automotive workers
Electricians
Factory workers
Carpenters
Military services

Our Asbestos Lawyers

Our team is experienced with multiple avenues for compensation when it comes to asbestos exposure and mesothelioma diagnosis. We’ll sit down with you, learn more about your circumstances, and explore your options. Over the years, we’ve helped clients gain compensation through the following means:

Asbestos Trusts: The United States has asbestos trusts set up that Canadian citizens may also take advantage of. In some cases, you may receive more compensation through an asbestos trust than Canadian Workers’ Compensation.
Workers’ Compensation: If you choose not to go through an asbestos trust, you may have the right to make a Workers’ Compensation claim. To qualify, victims must have been exposed to asbestos on the job. Most of the time, claimants receive a lump sum, monthly pension, and survivor benefits. You may not file for both Workers’ Compensation and hire a lawyer to pursue the asbestos trusts. The Workers Compensation Board take your right to file a claim.

Common Questions About Asbestos Claims

People can experience the adverse effects of asbestos decades after being exposed to the material. The most serious is a rare but fatal form of cancer called mesothelioma. However, there is compensation available for those who suffer this diagnosis, and the lawyers at Miskin Law helps victims across Canada recover what they deserve.

If you suspect that you or a loved one may have mesothelioma, it’s imperative to see a doctor right away. This disease is aggressive and should try to get a diagnosis without delay. In most cases, healthcare providers will run a slew of tests to rule out alternative diagnoses. You can expect one or more of the following to look for signs of mesothelioma:

A physical exam and a check of your medical history
X-rays
Biopsies
Ultrasounds
CT scans
MRIs
Endoscopies
Blood chemistry tests
Pulmonary function tests

Miskin Law makes applications to one or more U.S. trusts set up to help mesothelioma victims to get you compensation. On average, our clients across Canada receive compensation from asbestos trusts within two months to a year. Claims may be processed faster for victims who are still living. On the other hand, claims that are initially denied will take longer. Miskin Law will often undertake an appeal, which are frequently successful.

It is possible to receive compensation even if a victim has passed away from mesothelioma. However, it’s important to recognize that these claims may be tougher to prove. They require evidence from a co-worker or another party who can speak to the working conditions that resulted in asbestos exposure. Miskin Law will often be able to provide testimony from another client who worked in the same location as the deceased person to support the claim of the deceased person.

At our firm, we recognize that the amount of compensation in a mesothelioma case can vary widely—often based on the extent of an individual’s asbestos exposure and the number of applicable asbestos trust funds. To help our clients maximize their potential compensation, we’ve developed an extensive database of asbestos products and work sites across Canada. This resource allows us to identify multiple trust funds and connect each client’s unique exposure history with the right claims. Each trust pays a different amount which can range anywhere from $10,000 to $500,000 or more.

When an individual is still alive, their firsthand account is crucial for identifying exposure sources. However, if a client has passed away, we often leverage evidence from our extensive experience handling over 500 mesothelioma cases nationwide, using information from similar workplaces or circumstances. This thorough approach helps ensure our clients receive the compensation they deserve from every possible trust. The amounts our clients receive can range in the tens of thousands to over one million dollars.

About Daniel J. Miskin

Daniel J. Miskin works on asbestos, mesothelioma, and class action cases. His passion for earning justice and compensation and proven track record have earned him trust and a sterling reputation amongst his clients.

Contact

daniel@miskinlaw.ca

Peterborough: 705-755-7363 ext. 2

Toll Free: 1-877-428-8000 ext. 2

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