In the case of Folta v. Ferro Engineering, James Folta allegedly sustained exposure to asbestos while working for the defendant, his employer, in the time period between 1966 and 1970. Forty-one years later, on May 17, 2011, he was diagnosed with peritoneal mesothelioma.
Generally, the no-fault compensation provided under the Workers’ Compensation Act is the exclusive remedy for workers whose injuries arise out of and in the course of their employment. However, a statute of repose limits asbestos claims under the Act to a 25-year period from the time the employee was exposed. Another statute of repose limits claims under the Illinois Workers’ Occupational Diseases Act to a three-year period.
The First District Appellate Court ruled that because the plaintiff’s workers’ compensation claim was time-barred, his injury was “not compensable under the Act,” and he could therefore pursue a civil lawsuit against his employer.
Bob Briskman is a Chicago work injury lawyer and workers compensation attorney with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.
The post Personal injury claim not barred by workers’ compensation exclusivity, Illinois Appellate Court rules first appeared on SEONewsWire.net.]]>