When an employee is diagnosed with work-related mesothelioma, this situation can result in significant legal, financial and operational implications for the business that allegedly exposed the worker to asbestos. Mesothelioma, a rare and aggressive cancer linked to asbestos exposure, often inspires complex litigation, partially due to how long it takes for this condition to become symptomatic and partially because of the catastrophic nature of the diagnosis itself.
For businesses, a strategic and compassionate response to this scenario is important, balancing legal and reputational considerations with concern for the affected employee. Addressing this situation proactively can mitigate potential risks that could compromise business interests in more ways than one.
Legal obligations and compliance
Employers have a legal responsibility to provide a safe workplace due, in part, to the requirements outlined in the federal Occupational Safety and Health Act (OSHA). As such, when an employee is diagnosed with mesothelioma, the first step for a business (usually) is to assess its workplace environment and compliance with OSHA standards for asbestos management, containment and exposure monitoring. Conducting an immediate safety audit can help the company identify any risks and take corrective measures to protect other employees.
To that end, documenting compliance with safety regulations and providing evidence of safety measures will be important if the affected worker opts to file a lawsuit. A mesothelioma diagnosis can lead to substantial claims and, potentially, litigation. As a result, it’s important to start developing a solid legal strategy as soon as possible, given the potential risks associated with any litigation that may be filed.
How a business responds to an employee diagnosed with mesothelioma reflects not only its legal obligations but also its values. Transparent and compassionate communication with the affected employee can be as potentially important to its broader goals as to safeguarding its legal interests.