Ruling states workers’ comp limitations doesn’t prevent personal injury claims
An Illinois Appellate Court declared that a plaintiff, the estate of James Folta, can pursue asbestos personal injury claims against Folta’s former employer, Ferro Engineering, despite the statute of limitations for workers’ compensation cases, Lexology reported on July 2.
According to court documents, Folta received exposure to asbestos while he was working in the defendant’s plant between the years 1966 and 1970, which the plaintiffs claimed contributed to Folta’s diagnosis of mesothelioma 41 years later. Under Illinois’ workers’ compensation act, an asbestos-related injury claim must be filed within 25 years after the exposure and within three years under Illinois’ Workers’ Occupational Diseases Act. This ruling allows the plaintiff to continue pursuing compensation through a personal injury suit instead.
Workers’ compensation benefits are crucial for workers who have experienced an injury at the workplace and who are therefore burdened with expensive medical bills and lost wages. Our attorneys at Spiros Law, P.C., in Champaign can help you file a claim or appeal a denied claim for your much-needed funds. Call our offices today at (217) 328-2828 to learn more about your legal rights.