Appealing a Denied Mesothelioma Claim: Steps and Strategies

A mesothelioma diagnosis has major impacts on all aspects of your and your family’s lives. Between medical treatments, financial strain, and emotional stress, you are carrying a heavy burden. So, when your mesothelioma claim gets denied, whether it’s through an asbestos trust, workers’ compensation, or the VA, it can feel like another devastating blow.

If you live in Chicago or anywhere in Illinois, you have options. Many mesothelioma victims in the Chicago area, including former construction workers, steelworkers, Navy veterans, and tradespeople, have faced similar challenges.

The good news is that a denial is not the end of the road. With the right plan, you can appeal and fight for the compensation you deserve. Here is what you want to know about why claims are denied, what the appeals process looks like, and how a strong legal strategy can turn things around.

Why Mesothelioma Claims Get Denied

Before you can appeal, you have to know what went wrong the first time. Some of these reasons for denial include:

Incomplete or Insufficient Medical Documentation

Mesothelioma must be backed by medical proof, such as pathology reports, biopsy results, and a doctor’s written diagnosis. If any part of that documentation is missing, unclear, or incomplete, your claim may be rejected.

Failure to Prove Asbestos Exposure

In Chicago, many older workplaces, like the steel mills on the South Side, power plants along the Calumet River, and downtown high-rises, used asbestos for decades. But unless your claim clearly connects your illness to a specific site or product, it may be denied for “lack of exposure evidence.”

Missed Deadlines or Errors in Filing

Every asbestos trust and benefits program has strict filing deadlines. Missing even one form or submitting incomplete paperwork can lead to an automatic denial.

Disputed Causation

Sometimes, insurers or trust administrators claim your illness was caused by something other than asbestos exposure.

When that happens, expert medical testimony can make or break your appeal. When you know the reason for denial, that helps your attorney target the weaknesses in the first submission and strengthens your case for appeal.

Review the Denial Letter

The first step is to carefully read your denial notice. It should explain exactly why your claim was denied, such as:

• Missing documents
• Lack of proof
• Questions about exposure

You should never ignore or delay this step. The denial letter is your guide to what needs to be fixed. If the explanation is unclear, your lawyer can request more information from the trust administrator, the Department of Veterans Affairs, or your employer’s workers’ comp insurer.

Collect Stronger Evidence

The appeal process is your opportunity to strengthen your case with new or additional proof. Depending on your situation, that might include:

• Updated medical documentation: A clearer diagnosis from your oncologist or new test results confirming mesothelioma.
• Employment records: Union cards, pay stubs, or job site logs connecting you to asbestos exposure, especially if you worked in Chicago’s older industrial zones like Cicero, Joliet, or Gary.
• Witness statements: Former coworkers who can confirm the presence of asbestos at your worksite.
• Product or site evidence: Old blueprints, invoices, or safety manuals that list asbestos-containing materials.

An experienced mesothelioma attorney can help locate these records. Many Chicago law firms have access to databases of known asbestos job sites and manufacturers in Illinois.

Meet All Appeal Deadlines

Once your claim is denied, the clock starts ticking. Appeal deadlines vary based on where your claim was filed:

• Asbestos trust funds allow 30 to 60 days to appeal a denial.
• VA claims give one year from the date of the decision to file a Notice of Disagreement.
• Illinois workers’ compensation allows 30 days to request a hearing with the Illinois Workers’ Compensation Commission (IWCC).

Miss those deadlines, and you may lose your right to appeal the decision.

File a Formal Appeal

Once again, the process depends on which system your claim falls under:

Asbestos Trust Funds

You’ll file for an “individual review” or an “expedited review.” A lawyer who is familiar with asbestos trust protocols can help determine which route gives you the best chance of success.

VA Benefits

For veterans who served at Great Lakes Naval Station or worked around asbestos on Navy ships, the appeal involves submitting a Notice of Disagreement and supporting evidence through the VA’s online system. You can request a hearing before a Veterans Law Judge if necessary.

Workers’ Compensation

If your employer’s insurer denied your claim, your attorney will prepare for an IWCC hearing. This may include witness testimony, medical expert statements, and workplace evidence showing asbestos exposure occurred on the job.

Work with an Experienced Mesothelioma Attorney

Appealing a denied claim is not something you should handle by yourself, especially when you are dealing with a disease like mesothelioma. The process can be technical, with strict rules governing when and how evidence is submitted.

An experienced Chicago mesothelioma lawyer can:

• Identify why your claim was denied and how to fix it.
• Collect new medical, occupational, and witness evidence.
• Navigate asbestos trust and VA appeal systems.
• Represent you in workers’ comp hearings or civil litigation.

Chicago-based attorneys are familiar with these cases and the local asbestos exposure sites, such as shipyards, factories, refineries, and even Chicago Public Schools. That experience and knowledge can strengthen your case from the outset.

Don’t Give Up After a Denial

Remember that a denied claim does not mean you don’t qualify for benefits. It means more evidence or clarification is needed. Many people succeed on appeal, especially when they have legal representation guiding them through the process.

Mesothelioma cases require patience and persistence, but the compensation can make a huge difference for you and your family, covering medical treatment, lost income, and long-term care.

How to Move Forward After a Denial

In Chicago and throughout Illinois, countless workers were unknowingly exposed to asbestos decades ago. Today, victims of that exposure are still seeking justice and winning.

If your mesothelioma claim has been denied, it is vital that you seek legal help. After the denial, gather the right evidence, and get help from an attorney who understands both the medical and legal sides of asbestos exposure.

At Schweickert Ganassin Krzak Rundio, LLP, we can help you find the right strategy to move one step closer to the financial support and peace of mind you deserve.