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Even though symptoms of malignant mesothelioma usually do not occur until decades after the person was exposed to asbestos, it is usually easy to identify where and how the asbestos exposure occurred. A disproportionate number of mesothelioma diagnoses occur in people who were exposed to asbestos dust in the context of their work in the 1980s or earlier. The industries with the greatest asbestos exposure risk were construction and shipbuilding; after the ban on asbestos in building materials, workers who must renovate structures built with asbestos-containing materials wear protective clothing that effectively prevents asbestos exposure. Despite this, it is not always so simple to choose the best course of legal action regarding your mesothelioma claim. Workers’ compensation laws can either make it easier or more difficult to get the money you need for your mesothelioma treatment. A Houma mesothelioma lawyer can give you legal advice about your mesothelioma claim.
Mesothelioma Was Not Listed as an Occupational Disease at the Time of the Plaintiff’s Exposure
From 1961 until 1979, Felton Robichaux worked at Avondale Shipyard in Jefferson Parish. He worked as a carpenter and land-based insulator on U.S. Navy ships. In the course of his work, he was exposed to asbestos dust. Robichaux received a diagnosis of mesothelioma in January 2022 and died several months later. Ever since his diagnosis, Robichaux and his family have been involved in a legal labyrinth to get justice and compensation for his preventable illness and untimely death.
Robichaux first brought his case in the state courts of Louisiana, but the defendants claimed that the Longshore and Harbor Workers’ Compensation Act (LHWCA) prohibited him from having recourse to personal injury lawsuits. The LHWCA requires people injured in the course of their work in the shipping industry in Louisiana to file a no-fault workers’ compensation claim. The judge determined, however, that the LHWCA left injured workers like Robichaux in a “twilight zone.” Specifically, the Louisiana Workers’ Compensation Act did not list malignant mesothelioma as an occupational disease until after Robichaux stopped working at the Avondale Shipyard. Therefore, the judge ruled that the case could proceed as a personal injury lawsuit.
Even though the source of a plaintiff’s asbestos exposure is usually undeniable, plaintiffs are the underdogs in asbestos exposure cases. The companies responsible for exposing workers to asbestos have much deeper pockets than retired construction workers and shipbuilders do. They may try to pressure you to pursue a workers’ compensation claim, which is fine when all you need is treatment for a minor injury, but which is inadequate for a devastating illness like malignant mesothelioma. You need an asbestos exposure lawyer to help you exercise your right to fair compensation.
Contact the Law Office of Patrick H. Yancey About Mesothelioma Claims
A car accident lawyer can help you if you have been diagnosed with mesothelioma after working at Avondale Shipyard or another shipbuilding site in Louisiana. Contact the Law Office of Patrick H. Yancey in Houma, Louisiana, to set up a consultation about your case.
