Many Delaware County workers who get sick from asbestos are told about two different paths: workers’ compensation and civil lawsuits. The names alone can be confusing. Some people think they must choose only one, while others are unsure what each path actually covers.
In reality, workers’ comp and asbestos lawsuits often work together. One is designed to deal with job-related illness. The other holds outside companies responsible for placing dangerous products in your workplace. If you have mesothelioma, lung cancer, or asbestosis tied to asbestos, understanding the difference can help you protect your rights.
Summary of How the Two Systems Work
Workers’ compensation in Pennsylvania pays for medical treatment and part of your lost wages when a disease is linked to your job. Asbestos lawsuits and trust fund claims target manufacturers, sellers, and property owners that exposed you to asbestos.
In many cases, a Delaware County asbestos exposure lawyer will: file a workers’ comp claim to secure medical care and income, pursue lawsuits or trust fund claims against asbestos product companies, and coordinate both so money from one claim does not unfairly reduce what you can collect from another.
What Workers’ Compensation Covers in Asbestos Cases
Workers’ compensation is a state system that applies to most employees in Pennsylvania. It is a “no-fault” system, which means you do not have to prove your employer did anything wrong. You do, however, have to show that your illness is work-related.
For asbestos diseases, workers’ comp can provide:
Payment of reasonable medical bills for diagnosis and treatment
Wage loss benefits when your condition keeps you from working
Partial disability benefits if you can only work in a reduced role
Death benefits for certain dependents when a worker dies from an asbestos-related disease
Coverage for some travel related to treatment, in limited situations
Workers’ comp is often the fastest way to get medical bills covered and money flowing in when you can’t work. That is why many lawyers start there, even when lawsuits are also planned.
Limits of Workers’ Comp in Asbestos Cases
Workers’ compensation has important limits. It does not pay for pain and suffering, loss of enjoyment of life, or the full value of lost future earning capacity. Payments are based on formulas and weekly rates, not on the full impact the disease has on your life.
Workers’ comp usually protects your employer from being sued in civil court for negligence. It also gives your employer’s insurance company the right to be repaid from some of the money you win in an asbestos lawsuit, so careful planning is needed to keep as much of your recovery as possible.
These limits are the main reason asbestos lawsuits remain so important for Delaware County workers and families.
What Asbestos Lawsuits Aim to Cover
Asbestos lawsuits are civil cases filed in court against companies that made, supplied, or installed asbestos-containing products, as well as property owners that allowed dangerous conditions.
Through these cases, you may seek compensation for:
Medical expenses not covered elsewhere
Full past and future lost wages and benefits
Pain and suffering tied to your disease and treatment
Loss of life’s pleasures and normal activities
Caregiving and household help you now need
Loss of companionship and support for close family members
In some situations, if a company’s conduct was especially reckless, additional damages can be awarded to punish that behavior.
Asbestos lawsuits are fault-based. Your lawyer must prove that certain companies exposed you to asbestos and that this exposure played a real role in causing your illness. That usually takes expert testimony, product research, and a detailed work history.
How Asbestos Trust Funds Fit In
On top of lawsuits and workers’ comp, there are asbestos trust funds. These were created by companies that went through bankruptcy because of asbestos liability. Courts required those companies to fund trusts so present and future victims could still be paid.
Trust fund claims are not lawsuits. They are claims submitted to the trust with proof of:
A medical diagnosis tied to asbestos
Work or exposure history that matches the trust’s list of job sites and products
Any required supporting documents from doctors and employers
Payments from these trusts can help fill gaps, especially in cases where a key asbestos producer no longer exists as a normal company.
How Workers’ Comp and Lawsuits Work Together
Many asbestos cases in Pennsylvania combine all three paths:
You file workers’ compensation to cover medical bills and lost wages.
You bring lawsuits against product manufacturers, suppliers, and property owners.
You file trust fund claims where your work history matches known asbestos products.
There are rules about how these overlap. For example, if you receive workers’ comp benefits, your employer’s insurer may have a lien on part of your lawsuit or trust recovery. An experienced asbestos exposure lawyer in Delaware County structures your claims to reduce the impact of that lien wherever the law allows.
The goal is to use every legal path available while keeping your net recovery as strong as possible.
Common Questions Around Workers’ Comp vs Asbestos Lawsuits in PA
Do I have to pick workers’ comp or a lawsuit, or can I do both?
In many cases, you can pursue workers’ comp and lawsuits at the same time. The key is that lawsuits usually target companies other than your direct employer, such as product makers and property owners.
Will workers’ comp stop my lawsuit?
Workers’ comp usually protects your employer from being sued, but it does not block claims against outside companies that exposed you to asbestos. Your lawyer will explain who can be sued and who cannot under Pennsylvania law.
Can trust fund money affect my workers’ comp benefits?
Trust and lawsuit recoveries can affect the way workers’ comp liens are handled. A lawyer who understands both systems can help manage that process so you keep as much of your settlement as the law allows.
What if my employer no longer exists?
Even if your old employer is gone, workers’ comp insurance may still be available. Lawsuits and trust claims can also move forward based on your exposure to specific products and sites, not just on the employer’s current status.
When should I talk to a lawyer?
As soon as you learn you have an asbestos-related disease. Both workers’ comp and lawsuits have deadlines in Pennsylvania, and your lawyer needs time to investigate before those deadlines expire.
