A Guide to North Carolina Workers' Comp Benefits for Mesothelioma

Learn about your rights after a diagnosis of occupational mesothelioma and the steps to take to get maximum workers’ comp benefits in Charlotte

Mesothelioma is a devastating illness caused by asbestos exposure that continues to impact North Carolina workers in a number of industries across the state. Filing a workers’ compensation claim for mesothelioma can feel overwhelming when you’re grappling with such a serious occupational illness, but it’s a crucial step to ensure you have the compensation you need for your future medical expenses and lost income.

Please know that even if you were exposed at work decades ago and were only recently diagnosed, you still have a right to workers’ compensation benefits.

At Wilder Pantazis Law Group, our experienced Charlotte workers’ compensation attorneys are here to guide you through every step of the process to ensure you get the maximum benefits possible. Find out more by scheduling a free consultation.

What is mesothelioma?

Mesothelioma is a rare and aggressive form of cancer caused by asbestos exposure that develops in the thin layer of tissue (the mesothelium) that covers most internal organs. The most common type of mesothelioma affects the lining of the lungs (pleura), but it can also occur in the lining of the abdomen (peritoneum), heart (pericardium), or testicles (tunica vaginalis).

What are the symptoms of mesothelioma?

Symptoms of mesothelioma often don’t appear until decades after exposure to asbestos, and they can vary significantly depending on the area affected. Common symptoms for the different types of mesothelioma include:

Because these symptoms can take several decades to appear after exposure to asbestos, early detection and diagnosis can be difficult. The delay in symptom onset often leads to mesothelioma being diagnosed at an advanced stage, which can unfortunately result in fewer treatment options and a poor prognosis.

Are today’s workers still at risk of mesothelioma?

Yes, mesothelioma remains a risk for today’s workers in the U.S., despite the fact that asbestos is not used as widely as it once was.

Historically, asbestos exposure was primarily linked to industries such as mining, construction, and the manufacturing of asbestos-containing products. Exposures peaked in the 1960s and 1970s but began to decline as worker protection regulations were implemented and the industrial use of asbestos decreased. However, due to the latency period of the disease, some workers exposed during that time are just now starting to show signs of the disease.

Today, many workers remain at risk due to continued asbestos exposure at work, particularly those involved in the repair, renovation, removal, and maintenance of older buildings and infrastructure where asbestos-containing materials are still present. 

Some of the most at-risk workers include:

According to the Centers for Disease Control and Prevention (CDC), an estimated 1.3 million U.S. employees in construction and related fields continue to be exposed to asbestos on the job. The Mesothelioma Center also reports that asbestos exposure was the leading cause of work-related deaths globally in 2016, and it causes about 39,000 U.S. deaths annually.

What is the life expectancy of a person with mesothelioma?

According to medical experts at Penn Medicine, mesothelioma survival rates typically range from 4 to 18 months after diagnosis, though some patients have lived more than 10 years. 

The current 5-year survival rate is only around 10%, but this number has steadily increased over the past 10 years and is significantly better than it was 20 to 30 years ago due to advancements in diagnostic and treatment methods.

Can mesothelioma be treated?

While there is no cure for mesothelioma, it can be treated with the goal of slowing progression and reducing symptoms. Common treatments for mesothelioma include:

• Surgery to remove cancerous tissue.
• Chemotherapy, which uses drugs to shrink or kill cancer cells.
• Radiation therapy, which uses high-energy rays to target cancer cells.
• Immunotherapy, which works to boost the immune system to help the body fight cancer.
• Targeted therapy, which utilizes drugs aimed at blocking the growth of cancer cells.

While there is no one-size-fits-all treatment for mesothelioma, a combination of therapies may be recommended based on the individual’s diagnosis. When possible, early detection as well as a personalized treatment plan can help improve quality of life and provide the best possible outcome for patients.

Is it difficult to prove that mesothelioma is work-related?

Proving that mesothelioma is work-related can be challenging due to the long latency period between asbestos exposure and the development of the disease, which often takes decades. Workers will likely need to provide detailed records of their employment history, including the presence of asbestos at job sites, and sometimes rely on expert testimony.

However, the strong link between asbestos exposure and mesothelioma typically helps strengthen claims in occupational settings, particularly in industries known for asbestos use, like construction and shipbuilding.

What workers’ comp benefits can I get for mesothelioma?

In North Carolina, workers diagnosed with mesothelioma due to workplace asbestos exposure may be entitled to several types of workers’ compensation benefits, including:

• Medical benefits. Benefits include full coverage of treatments related to mesothelioma, including surgery, chemotherapy, hospital stays, doctor appointments, and medications.
• Wage loss benefits. If you’re still working at the time you’re diagnosed but the disease prevents you from continuing your job temporarily, wage loss benefits can provide compensation for lost income (typically two-thirds of your average weekly wage). However, if you’re retired, wage loss benefits may not apply, as they’re based on your current income as an employee.
• Permanent total disability (PTD) benefits. If mesothelioma renders you unable to work permanently, PTD benefits provide ongoing financial support. In some cases, even if you’re retired, proving the diagnosis was work-related could still entitle you to these benefits.
• Vocational rehabilitation. In some cases, if you’re still able to work but in a different capacity, workers’ compensation may cover retraining or job placement assistance. 
• Death benefits. If a worker passes away from mesothelioma, surviving family members, such as a spouse or dependents, may be eligible for death benefits. These benefits typically cover funeral expenses and provide ongoing financial support to surviving dependents.

In the case that your mesothelioma was caused by a third party, such as a manufacturer of asbestos products, you may also be able to file a personal injury lawsuit against them for damages like pain and suffering. However, by accepting workers’ compensation, you forfeit the right to sue your employer, as workers’ comp is considered the exclusive remedy for workplace injuries.

How do I file a workers’ comp claim for mesothelioma in NC?

To file a claim for mesothelioma caused by asbestos exposure at work in North Carolina, you’ll need to take these steps:

1. Seek medical care for an official diagnosis and treatment. 
2. Notify your employer by providing a written notice of your illness within 30 days of your diagnosis.
3. Submit Form 18 to the North Carolina Industrial Commission as soon as possible, but no later than 2 years after diagnosis. The insurance company must provide written notice of claim acceptance or denial within 14 days of receiving Form 18.

While these steps are essential, mesothelioma claims can be complicated due to the long latency period and the complexity of proving workplace exposure. If your claim is denied or if you encounter challenges during the process, it’s highly recommended that you consult with a local Charlotte workers’ compensation attorney who can help navigate the process, gather necessary evidence, and ensure you receive the benefits you need for the financial security of you and your family.

Were you diagnosed with occupational mesothelioma? Wilder Pantazis Law Group is here to help.

Mesothelioma is a devastating illness that can turn your life upside down, and we understand how overwhelming it is to face not only the physical and emotional toll but also the complexities of filing a workers’ compensation claim.

At Wilder Pantazis Law Group, we’re here to stand by your side, ensuring you receive the full benefits and support you need. With our experience in handling mesothelioma and work-related claims, we can connect you with medical experts and gather the necessary evidence to prove your case.

Whether you were diagnosed years after your exposure or are facing challenges navigating the workers’ compensation process, our knowledgeable Charlotte work injury attorneys are committed to helping you secure the compensation you deserve. 

Contact us today for a free consultation and let us take this burden off your shoulders so you can focus on your health and your loved ones.

References

Asbestos Toxicity: Who Is at Risk of Exposure to Asbestos? | Environmental Medicine | ATSDR. (2021, February 9). www.atsdr.cdc.gov. https://www.atsdr.cdc.gov/csem/asbestos/who_is_at_risk.html 

King, D. (2016). Occupational Asbestos Exposure – Jobs Exposed to Asbestos. Mesothelioma Center – Vital Services for Cancer Patients & Families. https://www.asbestos.com/occupations/ 

Penn Medicine. (n.d.). Prognosis – Abramson Cancer Center | Penn Medicine. Penn Medicine – Abramson Cancer Center. https://www.pennmedicine.org/conditions/mesothelioma/diagnosis