What Types of Compensation Are Available for Shipyard Workers with Mesothelioma?

Shipyard workers – including welders, pipefitters and machinists – work hard every day building and repairing ships often used to transport goods to and from our country. That’s why workplace safety needs to be a top priority at shipyards.

Unfortunately, shipyard workers sometimes get injured or sick on the job. And one of the most common – and sometimes most overlooked – workplace illnesses shipyard workers sustain is mesothelioma, a form of lung cancer.

Mesothelioma is a rare condition that involves tumors growing in the mesothelium. This tissue covers the lungs, the heart and reproductive organs, as well as forming a cavity for the abdomen and those organs. Malignant pleural mesothelioma (affecting the chest and lungs) is the most common type.

Shipyard workers with mesothelioma may be eligible to receive different types of compensation. So what types of compensation are available? What’s the process? Who decides whether someone receives it? And how much money can mesothelioma shipyard workers expect to receive? Attorneys at the Ferrell Law Group explain.

How common are shipyard worker injuries and illness?

Before diving deeper into mesothelioma-related illnesses involving shipyard workers, it’s important to understand just how potentially hazardous such work can be overall. That way, shipyard workers and their families can better understand the risks workers face every day while building and repairing ships.

Historically, workplace injuries and illnesses are common among shipyard workers. Specifically, “Working in shipyards is one of the riskiest occupations in the United States,” according to an in-depth study conducted by the Occupational Safety and Health Administration (OSHA). The same study then explained why shipyard work is so dangerous:

“Shipyard employees are at risk due to the nature of their work, which includes a wide variety of industrial operations, such as steel fabrication, welding, abrasive blasting, burning, electrical work, pipefitting, rigging and stripping and coating applications. They also operate complex or heavy equipment such as cranes and powered industrial trucks. The hazards associated with these work activities are heightened because they are often performed outdoors in all kinds of weather, onboard vessels, in confined or enclosed spaces below deck, on scaffolds and on busy and crowded docks filled with equipment and material.”

How common is mesothelioma among shipyard workers?

Each year, roughly 3,000 people nationwide are diagnosed with mesothelioma, according to the American Cancer Society. And many people who work in shipyards face a risk of developing this form of lung cancer, which is a common occupational disease among shipyard workers.

Shipyard workers are more likely to develop mesothelioma than many other workers in other industries due to their prolonged and intense exposure to asbestos, the primary cause of mesothelioma.

For many decades, asbestos was extensively used in ship construction and maintenance. Many shipyard workers were unaware of the dangers of asbestos exposure during its widespread use. This is why so many mesothelioma cases have been diagnosed decades later.

Common causes of mesothelioma among shipyard workers

The primary cause of mesothelioma among shipyard workers is asbestos exposure. Shipyard work areas were historically filled with asbestos-containing materials used for insulation, fireproofing, and machinery. Such work often included:

Handling asbestos-laden products such as pipe coverings, gaskets and cement.
Cutting, sanding or removing asbestos materials from ships, creating airborne fibers, which workers inhaled or ingested.
Working in poorly ventilated, confined spaces in ships, including engine rooms or boiler rooms.

Which shipyard workers are most at risk of developing mesothelioma?

Certain shipyard jobs have an especially high risk of asbestos exposure, especially among older workers who often handled the dangerous substance before many industries (including shipbuilding) stopped using asbestos in the 1980s and 90s due to its high risk of causing cancer.

Shipyard workers in specific trades that have direct contact with asbestos-containing materials can significantly increase the likelihood of developing mesothelioma. Such work includes:

Boilermakers and insulators face extreme risks due to their close handling of asbestos-based insulation and fireproofing materials, especially on older ships with asbestos.
Pipefitters and machinists working with or near asbestos in gaskets, valves and other ship components.
Electricians, welders, and painters exposed to asbestos while working in enclosed spaces.
Workers responsible for dismantling or repairing older ships, which often contain asbestos used for insulation.

Can shipyard workers with mesothelioma receive workers’ compensation?

In most cases, yes, shipyard workers diagnosed with mesothelioma often qualify for workers’ compensation benefits. This compensation can cover medical expenses, lost wages and other financial expenses associated with this disease.

Workers’ compensation laws vary by state. However, most states provide coverage for occupational diseases (meaning someone became sick on the job while performing work-related duties) like mesothelioma.

The key to obtaining workers’ compensation in most states involves proving that their asbestos exposure occurred on the job. Eligibility for compensation may depend on the employer’s insurance coverage and the worker’s employment history.

A lawyer can guide shipyard workers diagnosed with mesothelioma through the workers’ compensation application process and make sure their claim for benefits includes supporting documentation, especially a diagnosis from a licensed medical doctor.

What other types of financial compensation are available for shipyard workers with mesothelioma?

Beyond workers’ compensation, shipyard workers with mesothelioma may qualify for additional forms of financial relief. Compensation options often depend on a number of factors, including the source of asbestos exposure and the companies involved. There are several possible forms of additional compensation:

Asbestos trust funds, established by bankrupt asbestos manufacturers, provide compensation to victims of asbestos-related diseases.
Veterans exposed to asbestos while working at military shipyards (including US Navy shipyards) may qualify for VA benefits, including disability payments and medical care.
Some insurance policies may cover mesothelioma-related expenses, including life insurance or health coverage.
Lawsuits filed against negligent asbestos manufacturers or employers can result in additional compensation, often in the form of a settlement or court verdict.

Can shipyard workers with mesothelioma receive other types of compensation if they’re already receiving workers’ compensation?

Yes. This is a common misunderstanding many people have about workers’ compensation and other funding sources for workers diagnosed with mesothelioma. If you are receiving workers’ compensation, you can still receive additional forms of compensation for your illness-related expenses.

One type of compensation does not cancel the other one out. So for example, if you file a lawsuit against a former employer who knew there was asbestos in your workplace and your lawsuit is successful, you could potentially receive a sizable verdict award on top of your regular workers’ compensation benefits.

Who decides whether a shipyard worker with mesothelioma receives compensation?

Compensation eligibility is typically decided by insurance companies, trust fund administrators, or court systems. The process depends on the type of claim filed and the evidence provided. For example

Workers’ compensation claims are often reviewed by state workers’ compensation boards or insurers.
Asbestos trust fund administrators often assess eligibility based on exposure history and medical diagnosis.
Personal injury lawsuits are typically decided by a judge, jury or through settlement negotiations.

Is there a time limit for shipyard workers to obtain compensation for mesothelioma?

Yes, strict deadlines apply to most mesothelioma compensation claims. These deadlines, known as statutes of limitations, vary depending on the type of claim or lawsuit and the state where the lawsuit is filed. Again, deadlines vary from state to state and case to case but can include:

Workers’ compensation claims typically must be filed within one to three years of diagnosis.
Personal injury lawsuits and trust fund claims also have time limits, often two to three years depending on the state.
If the victim has passed away, family members may file a wrongful death claim within the applicable deadline, which again varies from state to state.

Acting quickly after a diagnosis ensures that workers or their families don’t miss the opportunity to secure compensation.

How much money can shipyard workers with mesothelioma receive?

While this is a common question, you should always be careful if anyone tells you they know how much money you can expect to receive for mesothelioma-related expenses. Similar cases even among former shipyard workers who worked for the same company can vary dramatically from one case to another. Factors that can affect compensation often include:

Severity of the illness, medical expenses, and lost income.
Pain and suffering, emotional distress, and loss of quality of life are also considered in determining amounts.
Asbestos trust fund payouts depend on the fund’s payment schedule and the claimant’s diagnosis.

Add all these funding sources together and take into consideration other factors and your mesothelioma claim or lawsuit could be worth thousands or millions of dollars.

How can a lawyer help shipyard workers with mesothelioma?

A lawyer experienced in asbestos-related claims can provide invaluable assistance to shipyard workers with mesothelioma. They can help shipyard workers and their families navigate the complex legal processes and fight for the compensation victims deserve in many different ways, including:

Gathering evidence, such as employment records and medical reports, to build a strong case.
Negotiating with insurance companies, trust funds, or opposing legal teams to secure fair compensation.
Representing victims in court and handle all aspects of litigation if a shipyard worker decides to file a mesothelioma lawsuit seeking damages, the legal term for financial compensation.

Our attorneys have extensive experience and a strong track record of results on behalf of shipyard workers and other employees diagnosed with mesothelioma throughout the United States. We know how to investigate asbestos claims, find valuable evidence and build strong legal cases designed to succeed.

Our lawyers will take the time to listen to you explain what happened, then outline all possible legal options for financial compensation. If you were exposed to asbestos while working in a shipyard and you have been diagnosed with mesothelioma, you have legal rights. Our law firm will fight to protect them. Contact us to schedule your free, confidential consultation. There’s no obligation and no pressure, just answers about your rights and options.

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