Deadline for filing toxic exposure workers’ compensation claims has been extended in the State of Illinois under new May 2019 legislation.
Last month, Illinois Governor J.B. Pritzker signed a new law amending both the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act, and the changes were effective that day: May 17, 2019.
This new 2019 Illinois law changes the old statute of limitations found in these two Illinois Acts, which set the deadlines for when an injured or deceased worker’s claim could be filed under the Illinois workers’ compensation system.
It does not apply to all injured worker claims. It applies only to those workers who were exposed to toxic substances while at work and developed illnesses or injuries as a result of their on-the-job exposure to toxins.
It creates exceptions to the old twenty-five (25) year deadline to sue the employer for personal injuries sustained from work site toxin exposure. This includes workers who have been harmed by being around known toxic substances, like asbestos, as well as known toxins like radiation.
Why extend the deadline? Because in these exposure accidents, harm from the worker’s contact with the poisonous substance may not reveal itself for many years, when symptoms finally manifest in the victim’s body. Someone exposed to asbestos, for instance, may not be aware their bodies are poisoned for decades.
For more on asbestos exposure, read our discussion of asbestos exposure and the three kinds of mesothelioma (asbestos cancer).
From Illinois State Senator Elgie R. Sims, Jr. (D-Chicago), who sponsored the bill:
“For far too long, employees have suffered from bad workplace conditions with no source of relief. Often they do not see symptoms until 30 to 50 years after exposure. We must end the statute of limitations and ensure their right to recovery. The past law was a death sentence for people diagnosed with serious illnesses who aren’t given the proper time to take care of their poor health.”
Worker Injuries from Toxic Exposure on the Job Site
Workers can be seriously injured or killed on the job in all sorts of ways, and most job site accidents result in immediate harm: the fall off a scaffold, or the semi-truck collision, have no hidden consequences. Their injuries are almost always immediately identifiable.
However, hazardous chemical and toxic substance exposures are much more subtle. Workers can work in environments with these kinds of dangers without being aware they are being harmed, perhaps fatally.
Employers are required by law to provide their workers with a safe and healthy place to work. Should the work site require toxic substances or hazardous chemicals, then state and federal law forces the employer to give the employees this information.
The worker is supposed to be informed that there are toxins at his or her job site. Additionally, the worker is to be given specific information about the toxic substances or hazardous chemicals that are on his/her job site.
Under federal law, this is done with a document called a Safety Data Sheet (SDS) (formerly known as a Material Safety Data Sheet or MSDS), which details the specific hazards of the toxin, including:
- Identification includes product identifier; manufacturer or distributor name, address, phone number; emergency phone number; recommended use; restrictions on use.
- Hazard(s) identification includes all hazards regarding the chemical; required label elements.
- Composition/information on ingredients includes information on chemical ingredients; trade secret claims.
- First-aid measures includes important symptoms/effects, acute, delayed; required treatment.
- Fire-fighting measures lists suitable extinguishing techniques, equipment; chemical hazards from fire.
- Accidental release measures lists emergency procedures; protective equipment; proper methods of containment and cleanup.
- Handling and storage lists precautions for safe handling and storage, including incompatibilities.
- Exposure controls/personal protection lists OSHA’s Permissible Exposure Limits (PELs); ACGIH Threshold Limit Values (TLVs); and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the SDS where available as well as appropriate engineering controls; personal protective equipment (PPE).
- Physical and chemical properties lists the chemical’s characteristics.
- Stability and reactivity lists chemical stability and possibility of hazardous reactions.
- Toxicological information includes routes of exposure; related symptoms, acute and chronic effects; numerical measures of toxicity.
- Ecological information.
- Disposal considerations.
- Transport information.
- Regulatory information.
Of course, workers may also be aware they are near to toxic substances or hazardous materials because of their knowledge of their craft and the work site. Today, most construction workers and steel mill workers understand the risk of exposure to asbestos or silica, for instance.
Worker Injury on the Job: Toxic Exposure Claims
For those who are injured from being exposed to toxic substances or hazardous chemicals on the job, once their bodily injury is confirmed by their physician, they will have legal claims to consider. Here, the state worker’s compensation laws may come into play.
Illinois workers exposed to toxins may have legal remedies that come from proceeding with an Illinois workers’ compensation claim.
There are also times when the particular case results in a claim filed under the state personal injury laws. This must be determined after an investigation has been done of the particular exposure and its origins, including the source of the toxin and those responsible for the work site during the time period of the exposure.
In both scenarios, there is a time ticker on their claims. Both the workers’ compensation laws and the personal injury statutes have deadlines, or time limits, defining when these injury claims (or lawsuits) must be pursued against those legally responsible for the exposure and its consequences.
Sadly, many companies have successfully avoiding liability in past exposure claims by using the defense that the deadline has passed. This is called “asserting a statute of limitations defense,” and the new Illinois law works to end the deadline defense in Illinois for workers in that state seeking relief within the Illinois worker compensation system.
Text of the Amendment to Illinois Workers’ Compensation Act
Sec. 1.2. Permitted civil actions. Subsection (a) of Section 5 and Section 11 do not apply to any injury or death sustained by an employee as to which the recovery of compensation benefits under this Act would be precluded due to the operation of any period of repose or repose provision. As to any such injury or death, the employee, the employee’s heirs, and any person having standing under the law to bring a civil action at law, including an action for wrongful death and an action pursuant to Section 27-6 of the Probate Act of 1975, has the nonwaivable right to bring such an action against any employer or employers.
Seeking Justice for On the Job Toxin Exposure Injuries
If you or a loved one suspect a serious or fatal exposure to a toxic substance on the job or work site, then it is vital to explore your legal claims for justice alongside seeking medical help and guidance for the bodily harm the exposure has caused.
For more, see:
- Silica Dust Poisons Millions of U.S. Workers Each Year On the Job in Mills, Construction Sites, Railroads, Foundries, Shipyards, Etc. (silicolis)
- This Week’s News of Carbon Monoxide Poisonings in Schools, at Work, and at Home : Do You Know the Danger of Carbon Monoxide Death? (carbon monoxide poisoning)
- Steel Mill Workers in Indiana and Illinois: Rising Production and Greater Danger of Injury or Death (mesothelioma)
- Asbestos Exposure Still Happens – Indiana Supreme Court Helps Mesothelioma Victims (mesothelioma)
While the new Illinois statute extends the deadline to file some specific types of worker injury claims, worker-victims nevertheless must be vigilant to investigate their legal rights. Please be careful out there!
