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If the exposure to asbestos occurred in another country, such as the UK or the USA, it may be possible to make a claim in that jurisdiction.
Migration to Canada from other parts of the Commonwealth (England, Scotland, Ireland) in the 1960s and 1970s was very high, and many people diagnosed with mesothelioma were exposed in their early working lives in these countries.
There are entitlements to compensation in the UK that can be accessed by people living in Canada, regardless of whether they also had some exposure to asbestos in Canada. There is “no fault” compensation available whereby the government pays compensation to all people diagnosed with mesothelioma as a recognized industrial disease.
Further, civil claims through the court system are also available and compensation can be awarded for pain and suffering, loss of income, medical expenses, home help, funeral costs and loss of dependency by the spouse and other family members.
Mr A was born in the UK and worked as a lagger in power stations in England from 1960-1970. He was exposed to asbestos in the course of this work when applying asbestos insulation to pipes and boilers. He moved to Canada in 1970 and also had some exposure to asbestos when working in Ontario. He developed mesothelioma as a result of these exposures. In this situation, he would have rights under UK law to compensation as well as having entitlements in Canada1. The UK law would allow him to receive a lump sum Industrial Injuries Disease Benefit (IIDB) from the government and he would also have a right to sue his former employer. Compensation through the court system may be for a significant amount, and is dependant on the facts of each case and the circumstances of the injured person (age, occupation, loss of income etc).
These law firms all act on a “No Win No Fee” basis so that there are no costs or charges involved if a claim does not succeed. Time limits may apply to these claims so it is important to obtain advice as soon as possible.
If you elect to pursue a claim through the WCB in your Province and receive compensation for your claim from the WCB, your right to pursue other forms of compensation may be affected. See the Section on Workers Compensation Benefits for more information
Many people diagnosed with mesothelioma in Canada were exposed to asbestos in another country. For example, a lot of Canadians have at times worked "across the border" in the USA, which may allow them to make claims in the US court system even if they have also had some exposure in Canada
If you have been exposed in the USA, or worked in the USA, it is vital to obtain advice as to your ability to bring a claim for any exposure that may have occurred during that period as compensation in the US court system can be significant.
In the USA also all the conjuncted law firms act on a “No Win No Fee” basis so that there are no costs or charges involved if a claim does not succeed.
If you elect to pursue a claim through the WCB in your Province and receive compensation for your claim from the WCB, your right to pursue other forms of compensation may be affected.
If the exposure to asbestos occurred in another country then you should get advice about your rights before you file a claim for workers compensation benefits.
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Our goal is to help every person with mesothelioma get the compensation they deserve. Our network of experienced lawyers and paralegals in Canada, the UK, and the USA ensures that we can answer any question that comes our way about entitlements to compensation.
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Canadians can qualify for compensation and there is no court action and no financial risk, as legal fees are not payable if compensation is not recovered.