Mesothelioma Clinic

Information and Advice about Mesothelioma cancer.

Mesothelioma Claim and Duties of Employers

Mesothelioma Claim and Duties of Employers

Mesothelioma Claim
Mesothelioma is a type of cancer to the mesothelium, the protective covering of most the body’s internal organs. Mesothelioma asbestos is a type of mesothelioma caused by a person’s inhalation of asbestos fibers from factories or from constructions that use materials containing asbestos.

If you have mesothelioma caused by inhaling asbestos fibers, you may qualify for a mesothelioma claim. However, in order to successfully make a mesothelioma claim, you first need to establish a set of important facts leading to the fact that you contracted mesothelioma.

The Duty to Care


One of the first things to establish in a mesothelioma claim is the duty to care. Depending on the situation, the duty to care could be translated into different meanings.

For example, your employer has the duty to care for his employees, so that whatever untowards incident happens in the course of the worker performing his normal functions, he can be held liable.

To establish that your employer has the duty to care in a mesothelioma claim, it is important that you have been exposed to asbestos as an employee in the course of your employment.

However, establishing the duty to care is not always this easy or this clear-cut. Sometimes, a mesothelioma claim may arise if members of your family are exposed to asbestos as a result of breathing dust carried home on your clothes or tools. Other times, if you live near a factory that uses asbestos in its products, you may also be entitled to a mesothelioma claim in case you contract the disease.

Breach of Duty


The next point to establish when filing a mesothelioma claim is the breach of the duty to care. In other words, establish the fact that there was negligence on the part of your employer or factory owner. This means further that you essentially contracted the disease because they allowed the exposure to occur or did little to nothing to prevent it.

At this point, it is important that you be very detailed in your account. Your lawyer or attorney will need every single circumstance which would allow them to prove that there was breach of duty and that you are justified in making a mesothelioma claim.



And last but not least, in order to successfully file a mesothelioma claim, damage must be proven. Damage in a mesothelioma claim can be in the form of physical injury; you developed cancer as a result of your employer’s breach of duty in allowing the exposure to occur. Damage may also be translated into monetary damage because you may have to see a doctor about your disease, paid for medicines, and other losses and costs resulting from the exposure. Loss of earnings may also be taken into account.
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