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Asbestos FAQs

** The information in this document is not intended to replace the advice of a lawyer or accountant and should not be relied upon as such.

What Diagnostic Documents Do I Need to Prove My Asbestos Disease?

A definitive pathology report is all that is required to prove mesothelioma. Other cancers require additional documents including CT, X-ray and narrative reports from a specialist confirming the cancer was caused or contributed to by the exposure to asbestos.

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I Don’t Have Any Money. How Do I Start an Asbestos Claim?

If we believe you have a valid and provable claim we will front the cost of disbursements (expenses) once you retain this firm. These disbursements will then be deducted from funds that we obtain for you. If we cannot prove your claim we will not ask for those costs back.

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I Cannot Recall the Names of all the Places that I Worked and Was Exposed to Asbestos. What Do I Do?

If you worked in Canada it is possible to retrieve a list of your employers from the Canada Pension Plan. We can do this on your behalf if you retain us and authorize us to do so.

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I Live in Another Province and Am Not Able to Travel. How Do I Retain and Work with Your Firm?

Necessary documentation can be emailed, mailed or couriered. Communication can be via telephone, e-mail, skype, hangouts or facetime. When required, we will travel to your home, hospital or other location convenient to you.

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I Have a Family Member Who Has Been Diagnosed with Mesothelioma but I Was the Person That Worked Directly with Asbestos. Who Needs to Retain a Lawyer?

The person who has been diagnosed with an asbestos disease (or their authorized representative) needs to retain a lawyer. The exposed worker can provide evidence relating to exposure to that lawyer but the solicitor/client relationship lies with the injured party.

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I Want to Sue My Employer Because I Was Exposed at Work. Why Can’t I Do That?

Please refer to the work place rules for your Province/Territory summarized on this website. Your right to sue is generally limited by work place compensation legislation. Should you require further clarification or opinion you should get legal advice from a lawyer familiar with the Compensation Board in your Province/Territory.

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My Documents Are Not in English. What Do I Do?

The Asbestos Trusts will accept a certified translation of your records. We have translators that we deal with and can have necessary documents translated.

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I Know I Was Exposed to Asbestos but I Have No Symptoms or Illness. Is there Anything I Should Do Now?

Document your exposure. Where and what you were exposed to. Keep together any documentation about your exposure in a safe place which is known to your family members. There is a high probability you will never be diagnosed with mesothelioma or need these documents but if you have the time to assemble the material it would be beneficial should you ever become ill. No action can be taken on your behalf for exposure. If, and when, your doctor determines that asbestos has caused an illness you will have your documentation ready to provide to a lawyer.  If you were exposed at a place where you worked years ago, keep any documentation that you may still have, such as various trade licences, certificates and tax slips such as T-4s and Records of Employment.

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How Much Is My Asbestos Claim Worth?

There is no simple answer to this question. Many factors must be taken into consideration to determine how your is a claim is valued and without knowing your specific history with asbestos it is not possible for us, or any other firm, to quote you a specific dollar value.  There are many trusts open and accepting applications for compensation and your exposure history affects which asbestos trusts should be applied to.

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My Father Died Before a Diagnosis Could be Confirmed.  What should I do if the estate wants to proceed with a Mesothelioma claim?

Request a diagnostic autopsy immediately. A tissue sample can be obtained from the primary cancer site. Fluid for a cytology diagnosis is not sufficient.

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The Doctors Are Treating My Parent’s Lung Fluid Buildup as if it is Mesothelioma, but no Biopsy has Been Done. I do not Want to put My Elderly Parent Through an Invasive Biopsy. Is There a Solution to this Situation?

Act on the assumption that mesothelioma will be confirmed and get legal representation while your parent can still sign required exposure documentation. Diagnosis can be confirmed later, by diagnostic autopsy if necessary.

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What if We Cannot Figure Out Where and When Exposure Occurred?

That’s our job. It is much easier with the injured person available to answer any questions we may have but we have done many of these claims at thousands of locations throughout Canada so the chances are good that we can figure it out.

On occasion we strike out and can only locate one or two trusts that will pay compensation, however as there is no fee unless we obtain compensation there is no reason not to try if there is a confirmed diagnosis.

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Why is Asbestos Compensation From the Asbestos Trusts Limited to Exposure That Occurred Before December 31, 1982?

December 31, 1982 is the date that most of the trust have selected as end date to their liability for exposure to their asbestos products as by that date all persons working with asbestos products knew, or ought to have known, that Asbestos Products were dangerous and therefore the obligation to warn no longer rested with the manufacturer.

This date was agreed upon by future claimants’ representatives appointed by the courts as the date when initial exposure must have occurred to meet the exposure aspect of asbestos trust claims.

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What is Required for a Successful Mesothelioma Claim?

Damages (disease) and Liability (evidence of exposure to a manufacturer’s product).

Until we have documentation relating to both damages and liability, we cannot be certain of success.

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How do the Liquidated Amounts and Payment Percentages work?

The total value of a claim will be determined by the Trust and referred to as the Liquidated Amount or Liquidated Value. This is the amount you will see on the release, but not necessarily the amount you will be paid. The payment amount is determined by multiplying the Liquidated Amount by the Payment Percentage in effect at the time the claim is paid. These amounts are subject to change at any time.

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What materials are needed to file a claim?

In addition to a completed Claim Form, medical and exposure documentation supporting the alleged injury is required. The Trust Distribution Procedures provide specifics on what medical and exposure documentation is needed for your claim submission. At Brown Law we know the requirements and will strive to obtain and submit required proof.

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I spent my childhood in a home with asbestos tile floors. Does this qualify for compensation?

Unfortunately not. Simply being around asbestos containing floor tiles does not establish that a person had any exposure to asbestos from the floor tiles. A person must engage in a meaningful amount of direct operation with asbestos-containing floor tile that releases asbestos particles. Being a floor tile installer would qualify as the tile is cut to size and therefore friable for a period of time.

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