Workers' Compensation Claims

Workers’ Compensation for Asbestos Exposure

From the 1930s through the 1980s, asbestos was everywhere in American industry. Its fire resistance and insulating properties made it a staple in construction, manufacturing, shipyards, power plants, and more.

But the same qualities that made asbestos useful also made it deadly.

For decades, blue-collar workers—pipefitters, electricians, mechanics, factory workers, shipbuilders, and laborers—were routinely exposed to airborne asbestos on the job. Many unknowingly brought the fibers home on their clothing, exposing spouses and children. Today, those exposures have led to thousands of cases of mesothelioma, lung cancer, asbestosis, and other life-altering diseases.

A No-Fault Safety Net

In many cases, workers harmed by asbestos exposure can receive benefits through workers’ compensation, a no-fault system that provides medical coverage and partial wage replacement without requiring proof of negligence.

While workers’ comp isn’t the only legal option for asbestos victims, it can offer critical support—especially when lawsuits are barred by law or weakened by limited employer fault.

Understanding Workers’ Compensation in Asbestos Cases

Workers’ compensation is designed to protect workers by guaranteeing benefits for job-related injuries and illnesses. For asbestos-related conditions, it can help cover:

Medical treatment and prescription costs
Lost wages due to disability
Vocational rehabilitation
Funeral and burial expenses (in fatal cases)

What Does “No-Fault” Really Mean?

“No-fault” means that you can receive benefits regardless of who was to blame. Even if your employer provided respirators or training, or if you didn’t follow all safety protocols, you may still be entitled to workers’ compensation benefits if your illness was caused by job-related asbestos exposure.

However, workers’ compensation is governed by state law, and each state treats asbestos-related diseases differently. In some states, conditions like asbestosis are covered—and workers’ comp becomes your only remedy. In others, asbestos illnesses fall outside the scope of the system, and lawsuits may still be allowed.

Hypothetical: When Workers’ Comp Helps—and When It Doesn’t

Mike, a pipefitter in the 1970s, frequently worked around asbestos-insulated pipes. His employer provided respirators and safety training, but Mike often skipped wearing the mask. Decades later, he’s diagnosed with asbestosis.

Scenario 1: Mike Lives in a State Where Asbestosis Is Covered by Workers’ Comp

Mike files a claim.
Because workers’ comp is no-fault, he receives benefits even though he didn’t always wear his respirator.
He cannot sue his employer, because workers’ comp is the exclusive remedy under state law.

Scenario 2: Mike Lives in a State Where Asbestosis Is Not Covered by Workers’ Comp

Mike cannot access workers’ comp benefits.
He files a lawsuit instead—but the employer shows they met safety standards.
Because Mike ignored the warnings and failed to use PPE, the lawsuit fails.

Outcome: In the first scenario, workers’ comp provides a lifeline—even though Mike’s choices might have weakened a traditional lawsuit. In the second, he gets nothing. This highlights how workers’ compensation can make all the difference in asbestos-related cases, depending on where you live.

Why Workers’ Compensation Matters for Asbestos Victims

Asbestos-related diseases like mesothelioma, lung cancer, and asbestosis can take decades to develop—long after the exposure that caused them. By the time symptoms appear, the original employer may be gone, records may be missing, and lawsuits may be difficult to prove.

That’s why workers’ compensation is so important. It provides a no-fault safety net, ensuring that sick workers can access medical care and wage replacement—without having to prove employer negligence.

If you’ve been diagnosed with an asbestos-related illness, our firm can help you file a workers’ compensation claim—and evaluate other legal options that may be available to help you recover additional compensation.

What Asbestos-Related Diseases May Be Eligible for Workers' Compensation Claims?

Asbestos exposure is scientifically linked to a wide range of serious illnesses, including:

Mesothelioma (pleural, peritoneal, pericardial, or testicular)
Lung cancer
Asbestosis
Pleural plaques and pleural thickening
Chronic obstructive pulmonary disease (COPD) (when asbestos plays a contributing role)
Pulmonary fibrosis
Throat and ovarian cancers (in some cases linked to asbestos)

Learn more about the diseases that asbestos can cause.

Whether these illnesses are covered under your state’s workers’ compensation law is a case-by-case question. The best way to find out is to speak with an attorney who can review your specific employment and exposure history.

📞 Call us at 833-4-ASBESTOS for a free consultation. We’ll help you understand your options—no guesswork, no obligation.

Types of Workers’ Compensation Benefits for Asbestos Victims

Medical Coverage

Workers’ compensation pays for medical treatment related to the asbestos disease, including:

Doctor visits and diagnostic testing (e.g., X-rays, CT scans)
Chemotherapy, radiation, and surgery for cancers like mesothelioma
Medications, oxygen equipment, and other supportive care

Example: Susan, a factory worker with asbestosis, uses workers’ compensation to pay for breathing treatments, oxygen equipment, and regular pulmonary testing—giving her access to care without overwhelming costs.

Wage Replacement & Disability Benefits

If your illness prevents you from working, workers’ comp offers disability payments:

Temporary Total Disability (TTD): If you’re unable to work during treatment
Permanent Partial Disability (PPD): If you return to work with limitations
Permanent Total Disability (PTD): Lifetime benefits if you cannot return to work

Example: Tom, a shipyard worker diagnosed with mesothelioma, receives TTD benefits while undergoing treatment. When he becomes permanently disabled, his benefits convert to PTD, providing long-term income.

Death Benefits for Families

If a worker dies from an asbestos-related illness, surviving dependents may receive:

Weekly or monthly payments to the spouse and minor children
Funeral and burial expense reimbursement

Example: John, a mechanic exposed to asbestos brake pads, passes away from lung cancer. His wife and children receive death benefits to replace lost income and cover burial costs.

The Limits of Workers’ Compensation

While workers’ compensation is essential, it doesn’t cover everything:

No Compensation for Pain and Suffering
Emotional distress, loss of quality of life, and physical pain are not compensable.
State-Imposed Caps
Many states limit the total benefits available, even for fatal or disabling illnesses.

Because of these limitations, we often help clients pursue additional legal claims—such as lawsuits or asbestos trust claims—to make sure they’re fully compensated.

Why Workers’ Compensation Does Not Cover Family Members

Workers’ compensation only protects employees. That means family members exposed to asbestos secondhand—such as through contaminated work clothes—are not eligible for workers’ comp benefits.

But that doesn’t mean they’re out of options.

Hypothetical: Worker vs. Family Member Legal Paths

Jim, a shipyard welder in the 1970s, often came home covered in asbestos dust. His daughter, Sarah, was exposed to that dust as a child while helping her mother with laundry.

Jim is later diagnosed with lung cancer. He files a workers’ compensation claim for his job-related exposure. It is approved, and he receives medical and disability benefits.
Sarah, decades later, is diagnosed with mesothelioma from take-home exposure. Because she was not employed by the shipyard, workers’ compensation is not an option.

But Sarah can still pursue compensation through:

Asbestos trust claims – against the bankrupt manufacturers of the materials her father worked with
Product liability lawsuits – against any solvent companies that produced the asbestos products that contaminated her home

Outcome: Workers’ comp supports Jim, but Sarah must pursue alternative legal strategies—and with the right legal help, she can.

Learn more about the risks of secondhand exposure to asbestos.

Challenges in Workers’ Compensation Asbestos Claims

Filing a workers’ compensation claim for an asbestos-related illness can be uniquely complex. These claims often involve:

Long latency periods between exposure and diagnosis
Decades-old job sites or employers that no longer exist
Multiple sources of exposure over long careers
Strict and varying state laws

Here’s how these challenges can affect your case—and how the right legal team can help you overcome them.

Delayed Diagnosis

Diseases like mesothelioma, lung cancer, and asbestosis often appear 20, 30, or even 50 years after the exposure that caused them. By that time, employers may be gone, job records may be missing, and the statute of limitations for filing may be ticking.

But most states begin the clock at the time of diagnosis or discovery, not exposure—meaning many claims are still valid.

Example: Tom, a retired boiler technician, is diagnosed with mesothelioma 40 years after working with asbestos insulation. His old employer is out of business and the facility has been demolished—but with medical records and testimony from former coworkers, Tom links his illness to his past job and files a successful claim.

Employer Bankruptcy

Many companies responsible for asbestos exposure have gone bankrupt. But that doesn’t always block a claim—because workers’ compensation benefits are typically paid by insurance, not the employer directly.

Example: Mary, a machinist, is diagnosed with asbestosis decades after working for a bankrupt manufacturer. Her legal team locates the insurance policies in effect during her employment and files a claim against the carrier. Mary receives benefits to cover her treatment and lost wages—even though the company no longer exists.

Concurrent Exposures

Workers exposed to asbestos at multiple job sites may struggle to prove which employer is responsible. Some employers may try to deflect blame onto others, but with the right legal strategy, multiple claims can be pursued.

Example: Jim, a pipefitter, worked for three different companies over 30 years, all involving asbestos exposure. When he develops lung cancer, each company denies responsibility. Jim’s attorney gathers employment records, coworker statements, and expert analysis showing that all three employers contributed—allowing him to file claims against each.

State Law Variability

Every state has its own rules for asbestos claims. Some recognize mesothelioma or asbestosis as compensable. Others impose short benefit caps or exclude certain conditions altogether.

Example: Laura, a construction worker, is diagnosed with mesothelioma. Her state limits occupational disease benefits to 300 weeks. While her workers’ compensation claim is approved, the cap restricts long-term support. Her legal team also files asbestos trust claims and a product liability lawsuit to supplement her compensation.

How Our Firm Helps You Overcome the Challenges

Asbestos-related workers’ compensation claims can be difficult—but you don’t have to navigate them alone.

Our experienced legal team specializes in handling these complex cases. We know the barriers that stand in the way, and we know how to overcome them.

Here’s how we help:

Proving Workplace Exposure

We gather the evidence needed to link your diagnosis to your job—medical records, employment history, coworker testimony, expert analysis, and more.

Finding Insurance Coverage

Even if your former employer no longer exists, we investigate and locate workers’ compensation insurance policies that may still provide benefits.

Navigating State Law

We understand the nuances of each state’s workers’ compensation rules—and how to comply with them while maximizing the benefits you’re owed.

Exploring Every Additional Claim

We go beyond workers’ comp. If you’re eligible for asbestos trust funds, product liability suits, or premises liability claims, we’ll identify and pursue them to maximize your recovery.

Realistic Example: How Clarence Borel Could Combine Workers' Compensation With Other Legal Options Today

Clarence Borel was a pipe insulator who spent years working shutdowns at industrial sites across Texas and Louisiana—including the Texaco refinery in Port Arthur. In the 1960s, he developed mesothelioma, and his case became the first successful asbestos product liability lawsuit in the United States. His victory changed the law so people who developed asbestos-related diseases could sue for their injuries.

Coordinated Claims = Stronger Recovery

If Clarence Borel were a client today, we would coordinate all of these options—workers’ compensation, product liability, trust claims, premises liability, and SSDI—to ensure that every available dollar of compensation was pursued. That’s exactly the strategy we use for our clients now. We don’t stop with one claim—we uncover every path to recovery, and we guide you through it, every step of the way.

Every State Has Different Rules for Workers' Compensation Claims for Asbestos-Related Diseases

In some states, diseases like mesothelioma and lung cancer are clearly covered. In others, even well-established occupational illnesses like asbestosis or pleural thickening may be excluded from coverage. Some states even limit compensation based on whether the asbestos exposure occurred within a specific time window—typically when the worker was actively employed in high-risk industries like shipbuilding or construction.

Because every state is different, it’s essential to have an experienced attorney review your case to determine your options. Let's look at Clarence Borel's case again to illustrate:

Clarence Borel worked for years as an insulator at petrochemical plants and refineries across Texas and Louisiana. Like many workers in the 1960s and 1970s, he was regularly exposed to asbestos-containing insulation while on the job. Before he developed mesothelioma, he first developed asbestosis, a chronic and disabling lung condition directly linked to asbestos exposure. Whether he can file a lawsuit—or is limited to workers’ compensation—depends entirely on the state where he files.

In Texas:

Texas law generally steers workers like Borel toward the workers’ compensation system. If his employer carried coverage, Borel would be barred from filing a direct lawsuit against them—even though the asbestos exposure caused permanent lung damage.

He could still file a workers’ comp claim to receive:

Medical benefits
Partial wage replacement
Possibly an impairment rating for long-term disability

But Texas comp does not cover pain and suffering, and awards are typically limited. In fact, Borel filed a claim for workers' compensation before he sued the manufacturers of the asbestos products he worked with.

In Louisiana:

If Borel’s exposure occurred in Louisiana, where he also worked, the law is different. In many cases, Louisiana allows workers with mesothelioma or asbestosis to file direct lawsuits, even against their employer—especially when the employer’s conduct was grossly negligent or intentionally unsafe.

This could allow Borel to seek:

Compensation for pain, suffering, and emotional distress
Full lost wages and future earning capacity
Damages for diminished quality of life

Clarence could have sued in either Louisiana or Texas, but his Texas attorney Ward Stephenson decided to file in Beaumont, Texas because the laws in Texas were better at the time.

Why State Law—and Choice of Law—Matters

When someone’s asbestos exposure occurred in multiple states, more than one state’s law might apply. Determining which state's laws will apply is known as choice of law—and it can have a major impact on your case.

Some states limit lawsuits against employers and route claims through workers’ compensation. Others allow direct lawsuits that let victims recover for pain and suffering, emotional distress, and full lost wages. The differences can mean the difference between a modest payout and a life-changing recovery.

For example, if Borel’s employer argued that they provided respirators and he failed to use them, he would lose a lawsuit against the employer. But in a workers' compensation claim, fault doesn't matter so his claim would still be approved.

That’s why it’s critical to work with a firm that understands how and where to file, especially when exposure happened across state lines. We carefully evaluate every job site, every employer, and every legal option—so we can build your case in the jurisdiction that offers the best chance at full compensation.

Take the First Step Toward Justice and Financial Security

If you or someone you love has been diagnosed with mesothelioma, lung cancer, asbestosis, or another asbestos-related disease, we’re here to help.

📞 Call 1-833-4-ASBESTOS or schedule a free consultation online.
There’s no cost to speak with us, and no fee unless we win compensation for you.

We’ll guide you through every step—so you can focus on your health, your family, and your future.