Missouri Workers’ Compensation Ruling Changes Playing Field for Mesothelioma Patients
Missouri workers who developed mesothelioma from exposure to asbestos in the workplace can seek compensation from workers’ compensation and from other sources as well, according to the Missouri Court of Appeals. The recent decision changes the rules for mesothelioma sufferers, who used to be limited to workers’ compensation as their only chance at compensation for their work-related disease.
In the case the Court of Appeals heard, a man who developed mesothelioma after working with asbestos-containing insulation for 34 years sued his former employer and several manufacturers of the asbestos insulation. His employer, however, argued that Missouri’s workers’ compensation law limits the man to receiving only workers’ compensation, since the statute states that workers’ compensation is the “exclusive remedy” for those injured in workplace accidents.
The Court of Appeals, however, disagreed. It pointed out that while the statute says workers’ compensation is the “exclusive remedy” for workplace accidents, it is not the “exclusive remedy” for occupational diseases, such as mesothelioma. Mesothelioma is a type of cancer that is extremely rare in the general population, but quite common among workers who were exposed to asbestos, especially if the exposure lasted many years.
Under this new decision, workers who suffer from occupational diseases like mesothelioma may seek compensation from sources other than workers’ compensation. For instance, workers with occupational diseases may sue their employers for negligently or intentionally exposing them to dangerous chemicals or conditions that caused the disease.
Some occupational diseases may take years to develop, but Missouri law still allows those whose diseases were caused by their work conditions to seek compensation. At Page Law, our experienced Missouri workers’ compensation attorneys can help you with every step of the process, from filing your initial workers’ compensation claim to building a strong case on your behalf in court. For more information, call us today at (314) 322-8515 for a free and confidential consultation.
