A $2 billion Roundup cancer settlement may exclude migrant workers despite these individuals being exposed to the weed killer.

Bayer recently agreed to pay $2 billion to resolve future allegations that its Roundup products cause cancer. The deal proposes awards of between $5,000 and $200,000 per cancer patient, depending on their situation.

But this settlement deal may exclude migrant workers injured by Roundup exposure.

According to a February court document, the settlement would benefit U.S. citizens or residents who have been exposed to Roundup products and have not filed an individual lawsuit over the issue.

This includes two subclasses of consumers either have or have not been diagnosed with non-Hodgkin’s lymphoma — the most common form of cancer associated with Roundup. Only Class Members with a cancer diagnosis are eligible to recover monetary awards from the settlement.

Although this definition seems fair, advocates say this definition may wrongfully exclude migrant workers.

Migrant workers may travel to work in the United States from their home country. If they fall ill due to a cancer diagnosis, they may return to their country of origin due to the inability to work.

“It would be very likely that anybody who does get sick because of the accumulation of toxins in their system would be in their country of origin by the time they start presenting with symptoms,” Will Lambek of the Migrant Justice advocacy group told VT Digger, using Vermont as his example.

“If somebody is unable to work, they’re not going to stick around Vermont to try to get treatment.”

Should a migrant worker retire to their country of origin, the settlement terms may disqualify them from receiving the compensation they are owed.

Although certain Class conditions may allow injured migrant workers to slip through the cracks, the proposed settlement does provide certain measures to ensure at-risk communities are notified.

Specifically, the settlement proposes targeted ads to farmworkers, landscapers, and groundskeepers in English, Spanish, and Indigenous languages such as Mixteco, Zapotec, Triqui.

By placing these ads on social media, YouTube, Google, weather apps, and other platforms, Bayer aims to communicate vital information about the settlement to injured parties so that they can take action and potentially recover compensation.

“The plan pays particular attention to concerns associated with hard-to-reach class members and undocumented migrant class members, including the development of trust to counter aversions to litigation and outreach to migrant workers who may no longer be in the country and/or who may be affected by immigration policies and COVID-19,” the settlement proposal notes.

Consumers who developed non-Hodgkin’s lymphoma or other cancers after using Roundup may be eligible to take action through this and other settlement deals. Speaking to a qualified attorney can help these people take the necessary steps to recover compensation.

The Bayer Roundup Cancer Settlement is In re: Roundup Products Liability Litigation, Case No. 3:16-md-02741-VC, in the U.S. District Court for the Northern District of California.