More often than not, malignant mesothelioma follows workplace exposure to asbestos, and that means that, in addition to pursuing negligence claims against manufacturers and suppliers, victims and their families may be eligible for workers’ compensation. When a widow in Delaware filed for benefits following her husband’s death, the victim’s former employer pushed back and tried to minimize the payout that they owed her. The Superior Court of Delaware reviewed the case, awarding the woman the compensation she was owed.
Man Died of Mesothelioma After Years of Working as a Pipefitter and Plumber
The workers’ compensation case centered on the mesothelioma death of William McLaughlin, who was exposed to asbestos during his years of work as a plumber and pipefitter for C & D Contractors, Inc. He worked for the company from 1980 to 1989 and was not exposed to asbestos after leaving the company.
Mr. McLaughlin was diagnosed with malignant mesothelioma in November of 2017 and died in February of 2018. When his widow filed a claim for workers’ compensation, C&D argued that the benefit should be based on the $900.58 weekly salary he was earning when he was last exposed to asbestos in 1989, while the widow argued that the law required the benefit to be based on the $110,000 annual salary he was earning at the time of his diagnosis. The difference between the two was significant: C & D’s assertion would provide her with $280.64 per week, while Mrs. McLaughlin’s position yielded $686.99 per week.
Superior Court Overturns Industrial Accident Board Decision in Mesothelioma Case
With both the widow and the worker’s former employer agreeing that he had died of mesothelioma and was owed compensation, the Delaware Industrial Accident Board determined that the average weekly rate owed to Mrs. McLaughlin should be based on the date of his last asbestos exposure in 1989 and the maximum weekly rate from the 2017 date of diagnosis. Both parties appealed that decision to the Superior Court of Delaware.
The justices of the state’s superior court determined that according to the Delaware Workman’s Compensation Statute, victims of mesothelioma and others owed benefits should be paid at a rate calculated from the date of diagnosis, noting that previous decisions have established that “an occupational disease cannot be dealt with in the same manner as can an industrial injury caused by an identifiable incident.” They ruled that the date of injury (or disease) diagnosis” is the triggering event for both the average weekly wage and the maximum rate.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can guide you to the answers you need. Contact us today at 1-800-692-8608.
