If you developed lung cancer due to your job, an attorney can help you pursue compensation
Certain occupations in Texas can expose workers to harmful substances. The most common substances that lead to work-related lung cancer claims are asbestos. This fibrous mineral is commonly used in industrial sectors due to its heat resistance and insulating properties.
Learning that you have developed mesothelioma or another form of lung cancer due to your job can be an emotionally devastating and stressful experience. However, you have legal options available to you that can help ease the stress while you recover. Contact a Texas lung cancer attorney for a free consultation to learn how to file a claim.
Types of lung-cancer linked to asbestos exposure
Lung cancer linked to asbestos exposure can manifest in various forms, and exposure to asbestos can contribute to all types of lung cancer, including but not limited to:
Mesothelioma
This is a rare form of cancer that affects the lining of the lungs, abdomen, and/or heart. Unlike other types of lung cancer, mesothelioma is almost exclusively linked to asbestos exposure.
Non-small cell lung cancer (NSCLC)
This is the most common type of lung cancer. Asbestos exposure can significantly increase the risk of NSCLC.
Small cell lung cancer (SCLC)
While SCLC is less common than NSCLC, it’s more aggressive and can be linked to asbestos exposure.
Workers most at risk of developing mesothelioma or work-related lung cancer
Workers in various occupations face the risk of developing mesothelioma or work-related lung cancer due to asbestos exposure. Some of the occupational groups most commonly affected by asbestos exposure include:
- Construction workers: Often exposed to asbestos-containing materials during building and renovation projects.
- Shipyard workers: Frequent exposure while working on ships containing asbestos insulation.
- Asbestos mining and milling workers: Direct contact with asbestos during extraction and processing.
- Insulation workers: Handling asbestos-containing insulation materials.
- Automotive mechanics: Exposure can occur when repairing or replacing asbestos-containing vehicle parts.
- Power plant workers: Maintenance and construction work in facilities with asbestos components.
- Plumbers, pipefitters, and steamfitters: Asbestos is used in pipes and insulation in older buildings.
- Boilermakers: Involved in constructing and repairing boilers, which often contained asbestos insulation.
- Demolition workers: Risk during the demolition of older buildings with asbestos materials.
- Firefighters: Exposure to asbestos when responding to fires in structures with asbestos-containing materials.
Work-related lung cancer: symptoms, diagnosis, and treatment
Symptoms of lung cancer include persistent coughing, chest pain, shortness of breath, and unexplained weight loss. If you exhibit these symptoms and have a history of exposure to harmful substances at work, see a doctor immediately.
Lung cancer is typically diagnosed through a series of steps that include both clinical evaluation and various diagnostic tests. These procedures include:
- Medical history and physical exam: Initially, doctors look for any risk factors (e.g., smoking or exposure to harmful substances) and check for general signs of health.
- Imaging tests: Chest X-rays are usually the first imaging test. If there is a tumor, it might show up on the X-ray. A CT scan can reveal small lesions in your lungs that might not be detected in an X-ray.
- Sputum cytology: If you produce phlegm when you cough, examining the sputum under the microscope can sometimes reveal the presence of lung cancer cells.
- Tissue sample (biopsy): A biopsy involves a small sample of tissue taken for examination under a microscope. It’s the only way to make a definitive lung cancer diagnosis. This tissue is collected through a bronchoscopy, needle biopsy, thoracentesis, and mediastinoscopy.
- Molecular testing: This involves testing the cancer cells for certain genetic mutations or proteins to help determine treatment options.
Treatment for lung cancer typically includes:
- Surgery such as lobectomy, segmentectomy or wedge resection, and pneumonectomy.
- Radiation therapy or chemotherapy to kill cancer cells or shrink tumors.
- Immunotherapy to boost the body's immune system to fight cancer.
How long does it take for mesothelioma or other work-related lung cancer to develop?
The development of work-related mesothelioma or lung cancer linked to asbestos typically takes 20 to 50 years to develop. This is due to the slow progression of changes in the body’s cells caused by asbestos fibers that are inhaled or ingested. Many people who develop mesothelioma are retired or in the late stages of their careers.
Asbestos fibers can cause inflammation and scarring in lung tissue and the pleura (the lining of the lung and chest). The timeline of development can be influenced by:
- The duration and intensity of asbestos exposure.
- Type of asbestos fibers involved.
- Individual genetic susceptibility.
Average time off work with cancer linked to asbestos exposure
If you’re still working at the time of developing mesothelioma or another work-related lung cancer, you’ll likely need to take time off from work for treatment. The average time off work due to work-related lung cancer can vary. It often depends on:
Type and stage of cancer
Some types of cancer might require more intensive treatment than others. Advanced stages of cancer could require longer periods of treatment and recovery.
Treatment plan
Surgery, chemotherapy, radiation, or a combination of these can affect the length of time off. Recovery from surgery might take weeks to months, while chemotherapy and radiation schedules can occur over several months.
Side effects of treatment
The side effects of cancer treatments vary and can impact your ability to work. Side effects can include fatigue, nausea, immune system suppression, and other adverse effects.
Type of work
Physical jobs might require more time off than sedentary work. Some people might be able to return to work between treatments or work part-time, depending on their job's demands and flexibility.
Individual factors
Each person's recovery and ability to tolerate treatment differ. Age, overall health, and personal circumstances can influence the amount of time off needed.
What happens if you can't work due to cancer caused by asbestos exposure?
If you are unable to work, there are several avenues of support and legal rights for cancer patients. This includes:
- Filing a workers’ compensation claim.
- Using your employer’s sick leave policy.
- Taking advantage of the Family and Medical Leave Act.
Filing a lawsuit for mesothelioma or work-related lung cancer
Pursuing a lawsuit for mesothelioma or work-related lung cancer due to asbestos exposure is an important step toward seeking compensation for your suffering. Here's what you need to know about the process:
Identify the responsible parties
If you've developed lung cancer or mesothelioma due to workplace asbestos exposure, you can file a lawsuit against the parties responsible for the exposure. This could be your employer or the manufacturer of asbestos-containing products. However, it’s important to note that you do not necessarily have to sue your employer to recover compensation.
Trust funds
Many companies with a history of asbestos use have established trust funds to compensate victims of asbestos-related diseases. If the responsible company has such a trust fund, you can file a claim against it.
Product-related claims
If your illness can be directly linked to a specific asbestos-containing product you worked with, you may have grounds to file a claim against the manufacturer, supplier, or distributor of that product.
Gather evidence
When pursuing a work-related lung cancer claim, it's crucial to collect as much evidence as possible related to your illness. Maintain detailed records of your medical condition, treatments, medical bills, and other relevant expenses.
Consult a lung cancer attorney
To determine the compensation you're eligible for and ensure you recover every dollar you deserve, it's essential to consult an attorney with experience in asbestos-related cases.
What if a loved one dies due to asbestos-related lung cancer?
If a family member died due to asbestos-related lung cancer or mesothelioma, you may be able to file a wrongful death lawsuit on their behalf. This type of claim would seek compensation for:
- Cost of medical care related to the lung cancer that led to the deceased’s death.
- Funeral and burial expenses.
- Loss of income that the deceased would have earned if they had lived.
- Loss of inheritance.
- Pain and suffering endured by the deceased before their death.
- Loss of support, consortium, and guidance.
- Emotional distress of survivors.
To file a wrongful death claim, you must be a spouse, child, or closest surviving family member or estate.
How do work-related lung cancer lawsuit settlements work?
Work-related lung cancer settlements can vary depending on the specifics of each case. Key factors influencing the settlement amounts include:
Cause and liability
Establishing the cause of lung cancer is important when pursuing a claim. If lung cancer can be linked to workplace exposure to hazardous substances, the liable party may be required to pay for the victim’s damages.
Extent of exposure
The duration and intensity of exposure to carcinogens can affect settlement amounts. Longer or more intense exposure often leads to higher settlement amounts.
Severity of illness
The stage and severity of the lung cancer, the prognosis, and the impact on your quality of life are significant factors in your settlement.
Medical expenses
Settlements often cover past and future medical expenses related to your lung cancer. This includes costs for treatments such as chemotherapy, radiation, surgery, medications, and any necessary ongoing care.
Lost wages and earning capacity
If lung cancer has impacted your ability to work, a settlement may include compensation for lost wages and loss of future earning capacity.
Pain and suffering
Compensation for pain and suffering can be pursued through a claim and may vary depending on the severity of your condition and its impact on your life.
Seeking legal help for a work-related lung cancer claim
If you or a loved one has work-related lung cancer or mesothelioma due to asbestos exposure in Texas, don’t hesitate to speak to an experienced attorney about your legal rights. A lung cancer lawyer can listen to what happened, answer your questions, and help you explore your potential legal options for compensation. To learn more about how a lawyer can help, contact a lung cancer attorney in Texas today to set up a free, no-obligation legal consultation.
