Worker's Compensation: Steel Worker Widow

steel worker widow worker's compensation asbestos lung cancer benefit checks

Arthur worked for decades in an Ohio steel mill where he was constantly exposed to asbestos dust.  

After retiring, Arthur was diagnosed with asbestosis which is a non-malignant scarring process in the lungs.  

A couple years later Arthur was diagnosed with lung cancer which eventually took his life.

Arthur’s widow Lydia came to McDermott-Hickey for help.  

In addition to filing claims with various Asbestos Bankruptcy Trusts we filed a claim on behalf of Lydia seeking Workers Compensation Death Benefits.  

Arthur’s asbestos related lung cancer is an “occupational disease” which is compensable under Ohio’s Worker’s Compensation laws.  

The steel company fought Lydia’s claim and said his lung cancer was caused by smoking.

The law states that if asbestos exposure is a substantial contributing cause of the lung cancer then it is covered under Workers Compensation.  

While few Worker’s Compensation claims end up in a trial court, the steel company took their fight to the Lorain County Court of Common Pleas.  

Kevin McDermott and Mary Brigid Sweeney presented Lydia’s case to the jury.

RESULT: After a week-long trial the jury ruled in Lydia’s favor confirming that Arthur’s asbestos exposure contributed to his lung cancer.  Lydia would continue to receive her bi-monthly benefit checks for the rest of her life.