JENKINTOWN PERSONAL INJURY ATTORNEYS

Pennsylvania workers’ compensation laws provide medical benefits and financial compensation to employees who suffer work-related injuries or illnesses. But, workers with mesothelioma and other asbestos-related illnesses can find it hard to get compensation, even when there is no doubt that workplace exposure caused the illness.

Pennsylvania law allows workers’ compensation benefits for employees with an occupational disease. But, the disease must manifest within 300 weeks of the last day of employment. However, asbestos-related illnesses can take decades to develop. Many mesothelioma patients don’t develop symptoms until 30, 40 or even 70 years after exposure.  Does this mean that these employees aren’t eligible for compensation?

On November 22, the Pennsylvania Supreme Court rule in the case of Tooey, et. al v. AK Steel Corp., et al. This lawsuit involved two men who were diagnosed with mesothelioma decades after on-the-job exposure to asbestos.

• John Tooey worked for Ferro Engineering from 1964 till 1982. He was an industrial salesman of asbestos products and was regularly exposed to asbestos dust. Tooey developed mesothelioma in 2007. He died from the illness in 2008.
• Spurgeon Landis was exposed to asbestos while an employee of Alloy Rods from 1946 to 1992. He was diagnosed with mesothelioma in 2007. He also died in 2008.

The men and their spouses filed lawsuits against the employers. Their claims were initially denied because the Pennsylvania Workers’ Compensation Act prevents employees from suing an employer.

The new ruling found that Tooey and Landis could sue because they and their spouses were not eligible for workers’ compensation benefits as the disease manifested more than 300 weeks after the last date of employment. This decision represents an important change in Pennsylvania law. The decision sets a precedent to allow other Pennsylvanians suffering from delayed-onset occupational diseases to receive compensation for their illnesses.

If you are suffering from mesothelioma, speak to an experienced workplace injury attorney about the illness. Your attorney will advise you of your rights. Mednick, Mezyk & Kredo, P.C., offers free consultations to injured workers. Call 888-807-WORK (9675) to schedule your appointment.