We received a call recently from a very nice man who had worked in warehousing his entire life and was constantly exposed to asbestos. His question was can he bring an Illinois workers’ compensation claim and if so, who would it be against?
Asbestos cases are tricky because most injuries don’t show up for ten or so years since your exposure, sometimes longer and sometimes not at all. Under Illinois law, your case would be against the last employer you had exposure with, but due to statute of limitations issues you have to show that you were employed in the last three years with them.
Many of our clients and the people who call us have asbestos related diseases like mesothelioma or asbestosis, but haven’t worked in a long time. These are diseases that can’t be caused by anything else so it’s not a question of did your work or other asbestos exposure cause the problem, it’s a question of is it too late to bring an Illinois workers’ compensation claim?
The good news, if there is any, is that because of good asbestos related disease laws, even if you can’t bring a work comp case, you can still bring a case against the manufacturers of asbestos products.
We are a big believer in making sure that you pursue or at least consider every case possible. If we can get a work comp case going for you, we want to do that because it will get all of your bills paid and compensate you in the short term for an inability to work. We also partner with Illinois based asbestos and mesothelioma law firms that handle nothing but those cases. This is designed to get you maximum compensation.
From a work comp standpoint, the most important thing to do is get to a doctor and if you are no longer working, get with an attorney within three years of your last employment date if possible.
If you or a loved one has been diagnosed with mesothelioma or any other asbestos exposure related disease, contact us today to discuss your options. It’s always free to talk to our attorneys. We cover all of Illinois and can be reached at (312) 346-5578 or through our contact form.