An Illinois Appellate Court recently ruled that a worker who allegedly sustained exposure to asbestos while working for his employer between 1966 and 1970 was not barred from pursuing a personal injury claim by the exclusive remedy provisions of the Illinois Workers’ Compensation Act. The claim was not compensable under the Act, as the statute of repose had expired.<\/p>\n
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.\u00a0<\/p>\n
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 (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" An Illinois Appellate Court recently ruled that a worker who allegedly sustained exposure to asbestos while working for his employer between 1966 and 1970 was not barred from pursuing a personal injury claim by the exclusive remedy provisions of the…<\/span><\/p>\n