Employees who get injured on the job or develop work-acquired illnesses may qualify for workers’ compensation benefits. Employers must carry coverage in most cases.
Those exposed to dangerous substances by businesses might have the right to file a personal injury lawsuit against the company. However, both of those options largely rely on a business continuing to operate. When a company has closed or filed for bankruptcy, those affected negatively by its operations may question their rights.
What protections do people have when the employers that have exposed them to asbestos file for bankruptcy before their diagnosis with mesothelioma or similar conditions?
The courts protect sickened workers
Companies that have workers handle toxic chemicals may file for bankruptcy when they become insolvent. Some profitable companies, such as Johnson & Johnson, attempt to file for bankruptcy as a means of limiting financial responsibility.
When the courts are aware of worker exposure to asbestos, they may require an organization pursuing dissolution or filing for bankruptcy to fund a special trust. That trust can then provide financial relief to current or former workers exposed to asbestos on the job and sickened as a result. The process of pursuing compensation from a specialized asbestos trust can be difficult for workers struggling with major medical challenges to navigate without support.
Partnering with an attorney may make it easier for those dealing with mesothelioma, lung cancer and other illnesses associated with asbestos to secure compensation for their medical expenses, reduced income and other economic losses. Even if a company is no longer in business, there may still be options for financial support available to workers exposed to dangerous substances who have been sickened as a result.