The Pennsylvania Supreme Court recently ruled that an employee suffering from an occupational illness such as mesothelioma can file suit against a former employer regardless of when their illness or symptoms became evident. This landmark ruling is significant for workers suffering from certain occupational injuries and diseases. For victims of mesothelioma, a rare and deadly form of cancer caused by exposure to asbestos, symptoms remain latent for at least a decade after the exposure occurred. The Pennsylvania’s Workers’ Compensation Act allows employees to file a lawsuit against their employer for an occupational disease they obtained at work from exposure to a hazardous material or dangerous toxin. The Act currently states that an employee must file their lawsuit within 300 weeks of their on-the-job exposure. This provision of the Act is acceptable for most occupational illnesses because symptoms usually occur quickly after exposure to toxins. However, the Act was excluding a significant portion of seriously injured and ill workers: those exposed to and affected by asbestos. By lifting the time restriction for victims of asbestos exposure to file suit under the PA Workers’ Compensation Act, the Pennsylvania Supreme Court reinstated the true purpose of the Act, which is to protect all injured workers. Pennsylvania employers should be aware of this change, as it will affect their Workers’ Compensation insurance policies. Employers will no longer be exempt from litigation or accountability from former employees now suffering from asbestos-related diseases such as mesothelioma.
If you or a family member has been exposed to asbestos, contact the Philadelphia asbestos attorneys at the law firm of Brookman, Rosenberg, Brown & Sandler. Our mesothelioma attorneys are knowledgeable about your legal options and any and all compensation available to you, and we keep current with changing and recent legislation. With offices in Center City Philadelphia, we are conveniently located to represent asbestos victims throughout Pennsylvania and New Jersey. The asbestos attorneys at BRBS are compassionate and caring professionals who understand the sensitive nature of asbestos-related diseases, as well as the legal complexities of asbestos cases. Call us at 800-369-0899 or contact us online to schedule a consultation today.