Mesothelioma victims whose occupational exposure to asbestos have numerous options for seeking compensation, including filing claims for workers’ compensation benefits, but some state’s rules have blocked these claims. When an Illinois widow argued that her claim against her late husband’s employer should be allowed, the state’s Supreme Court justices agreed, ruling that diseases that appear years after the state’s other time restrictions can be covered.
State Supreme Court’s Unanimous Decision is Good News for Mesothelioma Victims
Candice Martin’s original lawsuit against B.F. Goodrich immediately caught the attention of Illinois mesothelioma victims whose workers’ compensation claims had been rejected. Her husband had died of angiosarcoma, an aggressive cancer of the liver, and she blamed his illness and death on his 1974 exposure to a cancer-causing chemical during his decades-long tenure with the company.
Mrs. Martin’s claim pointed to two Illinois laws, the Wrongful Death Act and the Survival Act, as well as an exclusivity provision under the state Occupational Disease Act that waived its two-year time restrictions for injuries or deaths from diseases like mesothelioma, for which the stated period of repose would not apply. Goodrich attempted to have the claim dismissed, asserting that the two-year limit was not a “period of repose” that sought to evade the law. The justices rejected this argument.
Justices Point to Previous Mesothelioma Claim to Support Decision
In its notable decision, the Illinois Supreme Court cited a 2019 amendment to the original workers’ compensation laws, which had been written in response to a “harsh” decision in a mesothelioma claim filed by a shipping clerk whose symptoms had not appeared until 40 years after he left his job.
In evoking the memory of that mesothelioma victim, the justices wrote, “Reading the plain language of [the two rulings] together, we find that the legislative intent was to ensure that employees like the one in Folta were able to seek compensation even if they did not discover their injury within the time limits provided under the Workers’ Occupational Diseases Act.”
If you or someone you love needs help understanding your rights and options in the face of a mesothelioma diagnosis, the Patient Advocates at Mesothelioma.net can help. For more information, contact us today at 1-800-692-8608.
