Frequently Asked Questions
I Have Mesothelioma. Should I File a Claim With the Workers Compensation Board?
You have the option of filing a claim with the Workers Compensation Board, or hiring a lawyer to file claims on your behalf to Asbestos Trusts for compensation, but not both. Normally, we can recover a lot more compensation than the WCB would provide. Contact us before accepting a WCB claim and we can assess your case.
How Long Will an Asbestos Trust Claim for Mesothelioma Take?
It can take anywhere from 3 months to a year to receive compensation from the Asbestos Trusts. Claims are processed faster if the injured person is alive than if they are deceased. Each claim takes a different amount of time to be reviewed. Some claims take 1-2 months, others take 2-9 months. As each claim is accepted we send you the funds. If a claim is denied, we will file an appeal on your behalf, but this also takes more time. We can obtain compensation for you from up to 30 trusts, depending on your exposure.
Do I Have to Pay Upfront for a Mesothelioma Claim?
No. We do not charge any upfront fees or expenses for handling your claim. Only if and when we obtain a settlement will we charge a 1/3 contingency fee.
Do I need to go to court for an asbestos claim?
No, you do not have to fight a long legal battle and most claims are handled outside of court. Often our clients have months to live and do not want to spend their last days fighting a legal battle. We make claims to asbestos trust companies that have set up funds for people with mesothelioma and asbestos-related diseases, all you need to provide is medical and exposure evidence and we make the claims on your behalf, without going to court.
Where are your offices?
We are based in Peterborough, Ontario, Canada, and also have offices in Whitby and Lindsay, Ontario. We have clients across Canada and often do not need to meet in person to work on an asbestos claim.
What happens if the injured person passes away during the claims process?
The claim will continue and we will send any compensation to the beneficiaries in the injured parties will. If the person died without a will we follow the provincial Intestate Succession Act.
What happens if the injured person has already passed away?
We can get compensation, but since they are not around to tell us about their exposure the claim can be more difficult. It helps to have a co-worker to tell us about the exposure history, or if we have a client that worked at the same location as the injured party we can use their testimony.
What is the average settlement for a mesothelioma claim in Canada?
It depends on your exposure to asbestos. We can get the most compensation for industrial-type work such as shipyards, railyards, factories, steel plants, chemical plants, power plants, etc. This is because there is a lot of different asbestos materials in those workplaces. We can still get a good amount of compensation for other types of work. There are less asbestos materials in residential construction than there would be at a large plant/factory, so the more industrial the jobs, the more compensation we can get. It also depends on your age, potential loss of income, and dependants. Speak to our lawyers to find out more.
Can I get paid in US funds?
The trusts pay in US dollars and we can send you US funds or Canadian funds, we give the option for either currency. We can direct deposit Canadian funds into your bank account, or send a US cheque in the mail.
The injured person has weeks to live, what should they do?
The important part is to get their exposure history and have them sign an affidavit about their exposure before it is too late. Depending on the injured person’s health we can expedite the process to get affidavits of exposure signed as quickly as possible.
Do I need to make an appointment?
It is advised that you call or email us to make an appointment to discuss your case on the phone and we can help advise you on how to proceed. You are welcome to call us directly at any time. If we do not answer immediately, we will try to get back to you as soon as possible.
What are your hours?
Our Peterborough office is open Monday to Friday from 9:00 a.m. to 5:00 p.m. EST. We will attend our Whitby and Lindsay offices by appointment. You can call us and leave a message at any time of the day and someone will return your call the next business day. If necessary we will travel to your home or the hospital to meet with you.