Asbestos Injury: Is The Remedy Limited To Workers’ Compensation?

Asbestos Injury: Is The Remedy Limited To Workers’ Compensation?

Asbestos exposure almost always occurs at a place of work, and the laws dealing with asbestos exposure vary from United States state to state.  In states where workers’ compensation remedies encompass asbestos-related injuries, employees are prohibited from bringing civil suit in general jurisdiction courts against their employer for such injury.  Determining the existence of an employer-employee relationship in such situations is determinative.

Compensation Ally Law

Recently the Illinois Supreme Court resolved in the affirmative the question of whether the Illinois Workers’ Compensation statute is the exclusive remedy against an employer by an employee claiming damages for asbestos-related injuries.  The Court found this to be true despite the fact that the plaintiff’s asbestos-related cancer did not manifest until long after the statute of limitations for suit under the Workers’ Compensation statute had passed, leaving the plaintiff with no remedy.  The Illinois legislature may introduce bills to address the time-bar issue, as has been done in other states.

Ally Law member firms are experienced in personal injury, workers’ compensation, and asbestos litigation.  They can help you determine which laws apply in your state and pursue your best remedy or defense.  For more information about our services in this area, contact us at yourally@ally-law.com.

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By Evans & Dixon LLC.


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