Illinois Supreme Court Opens Door for Mesothelioma Workers’ Compensation Claims
Victims diagnosed with mesothelioma after workplace asbestos exposure can seek financial compensation through many avenues, including workers’ compensation benefits, but some state’s laws have prevented these particular types of claims from moving forward. In a significant development, when an Illinois woman challenged the rejection of her claim against her deceased spouse’s former employer, the state’s highest court sided with her position, determining that illnesses manifesting years beyond standard statutory deadlines remain eligible for coverage.
Ruling Provides Hope for Families of Mesothelioma Victims
The case brought by Candice Martin against B.F. Goodrich immediately drew widespread attention from Illinois mesothelioma patients who had previously seen their workers’ compensation petitions denied. Martin’s spouse had succumbed to angiosarcoma, a particularly aggressive form of liver cancer, which she attributed to his workplace contact with carcinogenic substances in 1974 during his extended employment with the corporation.
Martin’s legal challenge referenced two key Illinois statutes – the Wrongful Death Act and the Survival Act – alongside an exclusivity clause within the state’s Occupational Disease Act. This provision specifically exempted conditions such as mesothelioma from the standard two-year filing deadline, recognizing that the designated time limit, or repose period, would be inappropriate for such diseases. B.F. Goodrich sought dismissal of the case, contending that the two-year limitation did not constitute a “period of repose” designed to circumvent legal obligations. The court firmly rejected this position.
Court References Earlier Case to Justify Ruling
In reaching their landmark conclusion, the Illinois Supreme Court referenced a 2019 modification to existing workers’ compensation statutes. This legislative change had been put in place following what the court described as an unfair outcome in a mesothelioma case involving a shipping employee whose condition didn’t manifest until four decades after his employment ended.
Referencing that previous mesothelioma patient, the justices stated, “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.” This decision represents a crucial victory for mesothelioma victims and their families throughout Illinois, potentially opening pathways for compensation that were previously blocked by restrictive timing requirements.
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