Initialization
As filing a lawsuit against the employer weather past or present, always deteriorates employer-employee affiliation, try talking to the health personnel looking after employees health. Let him put your case to the concerned authorities through proper channel along with copies of your treatment facts. Keep all the originals for the later use if needed. Only if the company is not ready to pay compensation to you satisfactorily or making unusual delays, filing a law suit is the only way left to make the erring employer do his duty.
Self Study
First go through your original employment agreement in detail. See if the employer has clearly mentioned the dangerous conditions occurring because of this job. If you have signed the contract in spite of knowing what can arise out of your job, you have signed an informed consent. You are in a non-plus position to start with.
Coming Together
Find out if you are the only one who has this disease or there are others. Contact all the employees suffering from it. You all can come together & fight as a group. This will not only strengthen your case but will also reduce the financial burden on you as the legal fees get shared.
Finding a Lawyer or Attorney
To present your case successfully in the court, the lawyer has to demonstrate that:
- The illness the employee is suffering from is indeed Mesothelioma.
- It was caused by asbestos inhaled at the employers place (cause andeffect connection).
- The employer was careless in providing plenty protective equipment.
- The disease has caused stable functional deficit to the employee.
- The employee has lost his source of income because of this.
- There are people, dependent on him and have no other source of profits.
- The suffering employee has to provide for his and his dependents' future.
Agreement
Most of the time an experienced lawyer will manage to get an out of the court settlement.
Examination
If the company is not paying you satisfactorily or not at all, this is the final way. Make sure you present whole and complete evidence to the court so as to make the court able to evaluate your case fully.
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