Dugan & Associates, P.C.
No Recovery - No FeeFree Consultation
Serving all of Western Pennsylvania
Local: 412-353-3572 Toll Free: 888-99-D-U-G-A-N Toll Free: 888-99-D-U-G-A-N

Pennsylvania Supreme Court ruling favors sick workers

Prior to a new ruling by the Pennsylvania Supreme Court, ill or injured workers could not qualify for compensation if exposure to potentially dangerous material took place more than 300 weeks prior to filing their case, as per the Workers' Compensation Act. In August 2010, the state Superior Court upheld the 300-week rule. However, on Nov. 22, the high court made the determination that an occupational disease that manifests itself beyond the 300-week period would not rule out a civil action against an employer.

Mesothelioma was expressly singled out by the Pennsylvania Supreme Court justices as an example because it possesses a latency period that averages from 30 to 50 years; even on the lower end of the average period, it would still be several decades past the period of exposure. Hence, virtually all mesothelioma claims were excluded from possible litigation.

According to one attorney, this decision is expected to go a long way toward the protection of workers' rights when they have suffered at the hands of a negligent employer. He went on to say that it is hoped that the decision might influence other states to take action in protecting the rights of employees. It was stated by another party that the decision could also create an environment in which more employers could be held liable after their workers face on-the-job exposure to materials that are potentially dangerous.

Any employee who has contracted a workplace illness could have been denied compensation due to the 300-week rule. A workers' compensation claim might now be an option that could help an individual in this position by re-visiting the case and pursuing compensation.

Source: The Pennsylvania Record, "Pa. Supreme Court: workers can sue employers over latent occupational diseases", Jon Campisi, December 13, 2013

No Comments

Leave a comment
Comment Information

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Pittsburgh Office
4 West Manilla Avenue
Pittsburgh, PA 15220

Phone: 412-353-3572
Phone: 412-922-0800
Pittsburgh Law Office Map

Beaver County Office
2002 McMinn St.
Aliquippa, PA 15001

Phone: 412-353-3572
Phone: 724-775-7372
Aliquippa Law Office Map

North Hills
6400 Brooktree Ct.
Wexford, PA 15090

Phone: 412-353-3572
Phone: 724-933-0133
Wexford Law Office Map

Butler County
2009 Mackenzie Way
Suite 100
Cranberry Twp, PA 16066

Phone: 412-353-3572
Phone: 724-283-7063
Cranberry Twp Law Office Map

400 Penn Center Blvd.
Suite 101
Monroeville, PA 15232

Phone: 412-353-3572
Phone: 412-261-1129

Westmoreland County
101 N. Main St.
Suite 104 - A
Greensburg, PA 15601

Phone: 412-353-3572
Phone: 724-836-7454

Washington County
2400 Ansys Dr.
Suite 102
Canonsburg, PA 15317

Phone: 412-353-3572
Phone: 724-743-0463
Canonsburg Law Office Map

Serving all of Western Pennsylvania Free Consultation