Workers in the state of Pennsylvania are probably aware that workers' compensation benefits may be available to those who are injured while working. Those individuals may not be aware that these benefits could potentially be available to workers who become ill as a result of their job as well. There are instances in the latter situation where a civil lawsuit could be appropriate however. Recently the Pennsylvania Supreme Court decided a case regarding this very matter.
The case arose out of two other cases where workers were diagnosed with mesothelioma at a point that was long after the last time in which the men were exposed to asbestos. The timing of the exposure is important since under the state’s Workers’ Compensation Act, for an occupational disease to be covered by the act, it must have manifest within 300 weeks of that last exposure.
Because more than 300 weeks had passed and the men could not seek workers’ compensation benefits, the men filed lawsuits against their respective employers and others. The employers responded claiming that Section 303(a) of the Workers’ Compensation Act barred such claims and that the cases should be dismissed. Though the Superior Court agreed, reversing the trial court, the Supreme Court found in favor of the now deceased workers, finding that a civil lawsuit could be filed when a disease did not fall in the scope, jurisdiction or coverage of the Workers’ Compensation Act.
The results of this case could lead to more civil lawsuits being filed against employers when employees suffer from occupational diseases that arise after the time period allowed under the Workers’ Compensation Act.
As this case illustrates, the area of law concerning workers’ compensation benefits is complex. Accordingly, it can be confusing for injured or ill workers to navigate without the assistance of a lawyer. For this reason, it is not uncommon for workers in either of these positions to consult a workers’ compensation attorney.
Source: The Pennsylvania Record, “Pa. Supreme Court: workers can sue employers over latent occupational diseases,” Jon Campisi, Dec. 13, 2013