Caring for a person diagnosed with mesothelioma is challenging but can be an easy job with proper planning. The reality is one has to care for them emotionally and physically while navigating a legal minefield that can significantly affect the quality of care and financial security. From claim filing to health insurance, understanding your legal options matters.
Caregivers have to make some essential legal considerations in a mesothelioma diagnosis of a close family member that requires medical treatment and financial support. The following blog post outlines five critical legal considerations facing caregivers.
Worker’s Compensation Claims
Mesothelioma has been conventionally linked to occupational exposure to asbestos, for which workers’ compensation may be available. It is necessary to identify sources of exposure and complete documentation of the exposed job history to strengthen the claim.
Patients should receive assistance in filing a workers’ compensation claim, which may provide compensatory benefits to help with treatments and daily expenses. In some jurisdictions, additional benefits might be available through special programs or legal action for those suffering from mesothelioma.
Personal Injury Lawsuits
While the asbestos exposure may have occurred through negligence or product liability, a personal injury claim might be the most comprehensive way to file for compensation. The individual may also file a suit against manufacturers or employers who failed to protect against asbestos exposure.
While the statute of limitation to file a personal injury claim varies among states, a caregiver mustn’t waste any time consulting an attorney to beat legal deadlines. For maximum compensation for medical costs, pain and suffering, and other damages, one needs to work with an attorney with vast experience in mesothelioma lawsuits.
Insurance Coverage and Benefits
Insurance coverage includes private health insurance and government assistance programs like Medicare or Medicaid. Patients with mesothelioma may undergo surgery, chemotherapy, and other symptom management treatments, which can make the costs add up fast.
Caregivers should review the patient’s insurance policy for sufficient mesothelioma treatment coverage. If the patient has some problem with the insurance providers, then there is a likelihood that the caregivers will be required to act on behalf of the patient to troubleshoot claims.
Veterans’s Benefits
Special legal considerations regarding veterans’ benefits apply to those veterans who have been diagnosed with the disease. Thousands of veterans were exposed to asbestos during military service, particularly those serving in shipbuilding, construction, or other military occupations involving materials laden with asbestos.
The U.S. Department of Veterans Affairs (VA) does compensate any veteran who was exposed to asbestos during their service and then developed mesothelioma. The caregiver should encourage and support the veteran in applying for available VA benefits that will help fund medical treatment and provide some economic security.
Health Care Proxy and Power of Attorney
The two are legal instruments where one party is given the right to decide on the patient’s behalf with regard to medical concerns in case the latter is already unable to do so. A health care proxy is an authorization given to the caregiver against the patient’s voice regarding one’s medical decisions, while a power of attorney gives the caregiver the authority to handle issues about the finances of the said person.
These documents ensure that no potential conflict will arise and that the patient’s wishes are fulfilled in the letter. Having these documents in place early in the caregiving process is paramount so confusion or disputes can be avoided later.
Endnote
Care for persons with mesothelioma requires one to be supported both emotionally and physically and also to go through complicated legalities. The entitlement, personal injury lawsuits, and compensation can easily enable caregivers to carry out their duties well and stand up for their loved one’s rights. This is while ensuring that they get due care and compensation.
